THE  SCHOOL   LAW 


OF 


WEST  VIRGINIA 


Being  a  complete  revision  of  Chapter  forty -five  of  the  Code 
as  amended  and  re-enacted  at  the  Sessions  of  the  Legis- 
lature of  1908,  1909,  1911,  1913  and  1915,  together  with  the 
provisions  of  the  Constitution  relating  to  education,  blank 
forms,  instructions,  etc.  ::::::::. 


PUBLISHED  FOR  THE  USE  OF  SCHOOL  OFFICERS,  TEACHERS, 
AND  THE  PUBLIC  GENERALLY,  IN  COMPLIANCE  WITH 
SECTION  126  OF  THIS  CHAPTER.  :::::::  t 


Compiled  and  issued  by 

DEPARTMENT  OF  SCHOOLS 

M.  P.  SHAWKEY,  STATE  SUPERINTENDENT. 

CHARLESTON 

1915 


•    » 


w 


CONSTITUTIONAL  PROVISIONS 


RELATING  TO  THE 


SCHOOL  SYSTEM  OF  WEST  VIRGINIA 


AETICLE  IV. 


Oath  of  Office. 

5.  Every  person  elected  or  appointed  to  any  office,  before  proceed- 
ing to  exercise  the  authority,  or  discharge  the  duties  thereof,  shall 
make  oath  or  affirmation  that  he  will  support  the  Constitution  of  the 
United  States  and  the  Constitution  of  this  State,  and  that  he  will 
faithfully  discharge  the  duties  of  his  said  office  to  the  best  of  his  skill 
and  judgment ;  and  no  other  oath,  declaration,  or  test  shall  be  required 
as  a  qualification,  unless  herein  otherwise  provided. 

Removal  from  Office. 

6.  All  officers  elected  or  appointed  under  this  Constitution,  may, 
unless  in  cases  herein  otherwise  provided  for,  be  removed  from  office 
for  official  misconduct,  imcompetence,  neglect  of  duty,  or  gross  im- 
morality, in  such  manner  as  may  be  prescribed  by  general  laws,  and 
unless  so  removed  they  shall  continue  to  discharge  the  duties  of  their 
respective  offices  until  their  successors  are  elected,  or  appointed  and 

qualified. 

######## 

Legislature  to  Prescribe  Terms  of  Office. 

8.  The  Legislature,  in  cases  not  provided  for  in  this  Constitution, 
shall  prescribe,  by  general  laws,  the  terms  of  office,  powers,  duties  and 
compensation  of  all  public  officers  and  agents,  and  the  manner  in  which 
they  shall  be  elected,  appointed  and  removed. 


320770 


4  SCHOOL  LAW  o*  WEST  VIRGINIA. 

AKTICLE  VIII. 
******** 

Districts. 

27.  Each  county  shall  be  laid  off  into  districts,  not  less  than  three 
nor  more  than  ten  in  number,  and  as  nearly  equal  as  may  be  in  territory 
and  population.  *  *  * 

AETICLE  IX. 
******** 

County  Officers  Subject  to  Indictment. 

4.  The  presidents  of  the  county  courts,  the  justices  of  the  peace, 
sheriffs,    prosecuting   attorneys,    clerks    of   the   circuit    and    of    the 
county  courts,  and  all  other  county  officers  shall  be  subject  to  indict- 
ment for  malfeasance,  misfeasance,  or  neglect  of  official  duty  and  on 
conviction  thereof,  their  offices  shall  become  vacant. 

I  am  inclined  to  the  opinion  that  the  words  "all  other  county  officers,"  as  used 
in  this  section,  include  members  of  boards  of  education,  although  they  are  elected  la 
districts.  This  is  by  no  means  clear,  however.  This  section  is  in  force  ex  proprio 
vigore  and  needs  no  additional  legislation. — Alfred  Caldwell,  Attorney-General. 

AETICLE  X. 
******** 

Capitation  Tax. 

2.  The  Legislature  shall  levy  an  annual  capitation  tax  of  one  dol- 
lar upon  each  male  inhabitant  of  the  State  who  has  attained  the  age 
of  twenty-one  years,  which  shall  be  annually  appropriated  to  the  sup- 
port of  free  schools.  Persons  afflicted  with  bodily  infirmity  may  be 

exempted  from  this  tax. 

******** 

Power  of  Legislature  to  Levy. 

5.  The  power  of  taxation  of  the  Legislature  shall  extend  to  pro- 
visions for  the  payment  of  the  State  debt,  and  interest  thereon,  the 
support  of  free  schools,  and  the  payment  of  the  annual  estimated  ex- 
penses of  the  State;  but  whenever  any  deficiency  in  the  revenue  shall 
exist  in  any  year,  it  shall,  at  the  regular  session  thereof  held  next  after 
the  deficiency  occurs,  levy  a  tax  for  the  ensuing  year,  sufficient  with  the 
other  sources  of  income,  to  meet  such  deficiency,  as  well  as  the  esti- 
mated expenses  of  such  year. 

******** 


SCHOOL  LAW  OF  WEST  VIRGINIA.  5 

County  Taxes  Not  to  Exceed  What — Debt. 

7.  County  authorities  shall  never  assess  taxes,  in  any  one  year,  the 
aggregate  of  which  shall  exceed  ninety-five  cents  per  one  hundred  dol- 
lars valuation,  except  for  the  support  of  free  schools;  payment  of  in- 
debtedness existing  at  the  time  of  the  adoption  of  this  Constitution; 
and  for  the  payment  of  any  indebtedness  with  the  interest  thereon, 
created  under  the  succeeding  section,  unless  such  assessment,  with  all 
questions  involving  the  increase  of  such  aggregate,  shall  have  been  sub- 
mitted to  the  vote  of  the  people  of  the  county,  and  have  received  three- 
fifths  of  all  the  votes  cast  for  and  against  it. 

See  Brannon  TS.  County  Court,  33  W.  Va.,  p.  789,  construing  this  section. 

Bonded  Indebtedness. 

8.  No  county,  city,  school  district,  or  municipal  corporation,  except 
in  cases  where  such  corporations  have  already  authorized  their  bonds 
to  be  issued,  shall  hereafter  be  allowed  to  become  indebted,  in  any 
manner,  or  for  any  purpose,  to  an  amount,  including  existing  indebt- 
edness, in  the  aggregate,  exceeding  five  per  centum  on  the  value  of 
the  taxable  property  therein  to  be  ascertained  by  the  last  assessment 
for  State  and  county  taxes,  previous  to  the  incurring  of  such  indebt- 
edness ;  nor  without,  at  the  same  time,  providing  for  the  collection  of  a 
direct  annual  tax,  sufficient  to  pay  annually,  the  interest  on  such 
debt,  and  the  principal  thereof,  within,  and  not  exceeding  thirty-four 
years;  Provided,  That  no  debt  shall  be  contracted  under  this  section, 
unless  all  questions  connected  with  the  same,  shall  have  been  first  sub- 
mitted to  a  vote  of  the  people,  and  have  received  three-fifths  of  all  the 
votes  cast  for  and  against  the  same. 

AETICLE  XII. 

Legislature  to  Provide  System  of  Free  Schools. 

1.  The  Legislature  shall  provide,  by  general  law,  for  a  thorough 
and  efficient  system  of  free  schools. 

See  4  W.  V*.,  p.  499. 

General  Supervision. 

2.  The  State  Superintendent  of  Free  Schools  shall  have  a  general 
supervision  of  free  schools,  and  perform  such  other  duties  in  relation 


6  SCHOOL  LAW  or  WEST  VIRGINIA. 

thereto  as  may  be  prescribed  by  law.  If  in  the  performance  of  any 
such  duty  imposed  upon  him  by  the  Legislature  he  shall  incur  any 
expenses,  he  shall  be  reimbursed  therefor ;  Provided,  The  amount  does 
not  exceed  five  hundred  dollars  in  any  one  year. 

County  Superintendents. 

3.  The  Legislature  may  provide  for  county  superintendents  and 
such  other  officers  as  may  be  necessary  to  carry  out  the  objects  of  this 
Article  and  define  their  duties,  powers  and  compensation. 

School  Fund — Board  of. 

4.  The  existing  permanent  and  invested  school  fund,  and  all  money 
accruing  to  this  State  from  forfeited,  delinquent,  waste  and  unappro- 
priated lands ;  and  from  lands  heretofore  sold  for  taxes  and  purchased 
by  the  State  of  Virginia,  if  hereafter  redeemed  or  sold  to  others 
than  this  state ;  all  grants,  devises  or  bequests  that  may  be  made  to  this 
State,  for  the  purposes  of  education  or  where  the  purposes  of  such 
grants,  devises  or  bequests  are  not  specified;  this  State's  just  share 
of  the  literary  fund  of  Virginia,  whether  paid  over  or  otherwise  liqui- 
dated; and  any  sums  of  money,  stocks  or  property,  which  this  State 
shall  have  the  right  to  claim  from  the  State  of  Virginia  for  educational 
purposes;  the  proceeds  of  the  estates  of  persons  who  may  die  without 
leaving  a  will  or  heir,  and  of  all  escheated  lands ;  the  proceeds  of  any 
taxes  that  may  be  levied  on  the  revenues  of  any  corporation ;  all  moneys 
that  may  be  paid  as  an  equivalent  for  exemption  from  military  duty ; 
and  such  sums  as  may  from  time  to  time  be  appropriated  by  the  Legis- 
lature for  the  purpose,  shall  be  set  apart  as  a  separate  fund,  to  be 
called  the  "School  Fund,"  and  invested  under  such  regulations  as  may 
be  prescribed  by  law,  in  the  interest  bearing  securities  of  the  United 
States,  or  of  this  State,  or  if  such  interest  bearing  securities  cannot 
be  obtained,  then  said  "School  Fund"  shall  be  invested  in  such  other 
solvent,  interest  bearing  securities  as  shall  be  approved  by  the  Governor, 
Superintendent  of   Free   Schools,   Auditor  and  Treasurer,   who   are 
hereby  constituted  the  "'Board  of  the  School  Fund,"  to  manage  the 
same  under  such  regulations  as  may  be  prescribed  by  law;  and  the 
interest  thereof  shall  be  annually  applied  to  the  support  of  free  schools 
throughout  the  State,  and  to  no  other  purpose  Avliatcver.     But  any 
portion  of  said  interest  remaining  unexpended  at  the  close  of  the  fiscal 
}rear  shall  be  added  to  and  remain  a  part  of  the  capital  of  the  "School 
Fund  •"  Provided,  That  all  taxes  which  shall  be  received  by  the  State 


SCHOOL  LAW  OF  WEST  VIRGINIA.  7 

upon  delinquent  lands,  except  the  taxes  due  to  the  State  thereon,  shall 
be  refunded  to  the  county  or  district  by  or  for  which  the  same  were 
levied. 

School  Fund  Amendment. 

Ratified  at  the  General  Election  in  November,  1902.     (See  Joint  Resolution  No. 
11,  Acts  1901,  p.  465.) 

The  accumulation  of  the  school  fund  provided  for  in  section  four 
of  article  twelve,  of  the  Constitution  of  this  State,  shall  cease  upon  the 
adoption  of  this  amendment,  and  all  money  to  the  credit  of  said  fund 
over  one  million  of  dollars,  together  with  the  interest  on  said  fund, 
shall  be  used  for  the  support  of  the  free  schools  of  Jhis  State.  All 
money  and  taxes  heretofore  payable  into  the  treasury  under  the  pro- 
vision of  the  said  section  four,  to  the  credit  of  the  school  fund,  shall  be 
hereafter  paid  into  the  treasury  to  the  credit  of  the  general  school 
fund  for  the  support  of  the  free  schools  of  the  state. 

Legislature  to  Provide  for  Free  Schools. 

5.  The  Legislature  shall  provide  for  the  support  of  free  schools  by 
appropriating  thereto  the  interest  of  the  invested  "School  Fund/'  the 
net  proceeds  of  all  forfeitures  and  fines  accruing  to  this  State  under 
the  laws  thereof;  the  State  capitation  tax,  and  by  general  taxation  of 
persons  and  property  or  otherwise.     It  shall  also  provide  for  raising 
in  each  county  or  district,  by  the  authority  of  the  people  thereof,  such 
a  proportion  of  the  amount  required  for  the  support  of  free  schools 
therein  as  shall  be  prescribed  by  general  laws. 

Districts. 

6.  The  school  districts  into  which  any  county  is  now  divided  shall 
continue  until  changed  in  pursuance  of  law. 

Levies  to  be  Reported  to  Clerk  of  County  Court. 

7.  All  levies  that  may  be  laid  by  any  county  or  district  for  the  pur- 
pose of  free  schools  shall  be  reported  to  the  clerk  of  the  county  court, 
and  shall,  under  such  regulations  as  may  be  prescribed  by  law,  be  col- 
lected by  the  sheriff,  or  other  collector,  who  shall  make  annual  settle- 
ment with   the  county   court;   which   settlements   shall   be  made   a 
matter  of  record  by  the  clerk  thereof,  in  a  book  to  be  kept  for  that 
purpose. 


8  SCHOOL  LAW  OF  WEST  VIRGINIA. 

White  and  Colored  Pupils.  « 

8.  White  and  colored  persons  shall  not  be  taught  in  the  same  school, 

School  Officers  not  to  be  Interested  in  Sale  of  Books. 

9.  No  person  connected  with  the  free  school  system  of  the  State, 
or  with  any  educational  institution  of  any  name  or  grade  under  State 
control,  shall  be  interested  in  the  sale,  proceeds  or  profits  of  any  book 
or  other  thing  used,  or  to  be  used  therein,  under  such  penalties  as  may 
be  prescribed  by  law:    Provided,  That  nothing  herein  shall  be  con- 
strued to  apply  tp  any  work  written,  or  thing  invented,  by  such  person. 

Independent  Districts. 

10.  No  independent  free  school  district,  or  organization  shall  here- 
after be  created,  except  with  the  consent  of  the  school  district  or  dis- 
tricts out  of  which  the  same  is  to  be  created,  expressed  by  a  majority 
of  the  voters  voting  on  the  question. 

Normal  Schools. 

11.  No  appropriation  shall  hereafter  be  made  to  any  State  normal 
^school,  or  branch  thereof,  except  to  those  already  established  and  in 
•operation,  or  now  chartered. 

Legislature  to  Encourage  Improvements. 

12.  The  Legislature  shall  foster  and  encourage  moral,  intellectual, 
scientific  and  agricultural  improvement:  it  shall,  whenever  it  may  be 
practicable,  make  suitable  provision  for  the  blind,  mute  and  insane, 
and  for  the  organization  of  such  institutions  of  learning  as  the  best 
interests  of  general  education  in  the  State  may  demand. 


THE  SCHOOL  LAW 


CHAPTER  XLV.  OF  THE  CODE. 


School  Year. 

Sec.  1.  The  school  year  shall  begin  on  the  first  day  of  July  and 
end  on  the  thirtieth  day  of  June,  and  all  reports,  accounts  and  settle- 
ments respecting  the  free  schools  shall  be  made  with  reference  to  the 
school  year. 

School  Districts. 

Sec.  2.  Every  magisterial  district  in  each  of  the  counties  of  the 
State  shall  be  a  school  district,  which  shall  be  divided  into  such  number 
of  sub-districts  as  may  be  necessary  for  the  convenience  of  the  free 
schools  therein.  The  present  districts  and  sub-districts  shall  remain 
until  changed  in  the  manner  prescribed  by  law. 

BOARD  OF  EDUCATION. 

How  Constituted — Election — Term. 

Sec.  3.  In  each  district  there  shall  be  a  board  of  education  consist- 
ing of  a  president  and  two  school  commissioners  elected  by  the  voters 
thereof.  One  commissioner  shall  be  elected  at  the  general  election 
held  on  the  Tuesday  after  the  first  Monday  in  November,  one  thou- 
sand nine  hundred  and  sixteen,  and  one  commissioner  every  two  years 
thereafter;  and  the  president  at  the  general  election  held  in  one  thou- 
sand nine  hundred  and  eighteen,  and  every  four  years  thereafter.  Their 
terms  of  office  shall  commence  on  the  first  day  of  July  next  after  their 
election,  and  they  shall  each  continue  in  office  for  four  years,  and 
until  their  successors  are  elected  or  appointed  and  qualified  according 
to  law;  provided,  that  in  any  such  district  in  which  there  is  located  a 
city,  not  an  independent  school  district,  with  a  population  of  more 
than  ten  thousand  inhabitants  as  shown  by  the  last  decennial  census, 
the  board  of  education  shall  consist  of  five  members,  and  the  county 


10  SCHOOL  LAW  OF  WEST  VIRGINIA. 

superintendent  of  schools  of  the  county  in  which  any  such  district  is 
located  shall  immediately  after  the  first  day  of  July,  one  thousand  nine 
hundred  and  fifteen,  appoint  two  additional  members  who  shall  hold 
office  until  the  election  held  in  one  thousand  nine  hundred  and  six- 
teen, and  who  together  with  the  three  members  now  provided  by  law 
shall  constitute  the  board  of  education  of  such  district.  At  the  election 
to  be  held  in  November,  one  thousand  nine  hundred  and  sixteen,  there 
shall  be  elected  in  such  district  three  commissioners,  two  of  whom  shall 
enter  upon  their  office  as  soon  as  the  result  of  the  election  is  declared 
and  shall  continue  in  office  for  the  term  of  four  years  from  the  first 
day  of  July,  one  thousand  nine  hundred  and  seventeen,  and  every 
four  years  after  said  election  in  one  thousand  nine  hundred  and  six- 
teen there  shall  be  elected  three  commissioners  of  said  board  instead 
of  one  as  now  provided. 

Tie  in  Vote. 

Sec.  4.  In  case  of  a  tie  in  the  vote  for  members  of  the  board  of 
education,  the  county  superintendent  of  free  schools  shall  give  the 
casting  vote. 

Vacancy. 

Sec.  5.  Any  member  of  any  board  of  education  who  shall  be  em- 
ployed to  teach  in  his  district  shall  vacate  his  office. 

Vacancies  in  the  board  of  education  shall  be  filled  by  the  county 
superintendent  of  free  schools,  until  the  next  general  election. 

Oath  of  Members. 

Sec.  6.  Every  president  and  commissioner  of  the  board  of  educa- 
tion elected  within  this  State  shall  within  ten  days  after  his  election 
has  been  duly  declared,  qualify  as  such  by  taking  and  subscribing  be- 
fore some  one  duly  authorized  to  administer  oaths  within  his  county, 
the  oath  of  office  prescribed  by  section  five  of  article  four  of  the 
constitution,  which  oath  shall  be  filed  with  the  secretary  of  the  board 
of  education  of  his  district. 

A  Corporation. 

Sec.  7.  The  board  of  education  of  each  district,  and  independent 
school  district  shall  be  a  corporation  by  the  name  of  "The  board  of 


SCHOOL  LAW  OF  WEST  VIRGINIA.  11 

education  of  the  district  or  independent  district  of—  —  in  the 

county  of  —  — ,"  and  as  such  may  sue  and  be  sued,  plead 

and  be  im pleaded,  contract  and  be  contracted  with;  and  shall  succeed 
and  be  substituted  to  all  the  rights  of  the  former  district  boards  of 
education;  and  may  prosecute  and  maintain  any  and  all  suits  and 
proceedings  now  pending  or  which  might  have  been  brought  and  prose- 
cuted in  the  name  of  any  such  former  board  of  education  for  the  re- 
covery of  any  money  or  property  or  damage  to  any  property  due  to  or 
vested  in  such  former  board,  and  shall  also  be  liable  in  its  corporate 
capacity  for  all  claims  legally  existing  against  the  board  of  education 
of  which  it  is  successor. 

Service  of  Process. 

Sec.  8.  Process  and  notice  may  be  served  on  said  corporation  by 
delivering  a  copy  thereof  to  the  secretary  or  any  member  of  the  board. 
Said  board  shall  receive,  hold  and  dispose  of  according  to  the  rules  of 
law,  and  the  intent  of  the  instrument  conferring  title,  any  gift,  grant, 
devise  or  bequest  made  for  the  use  of  any  free  school  or  schools  under 
their  jurisdiction,  and,  without  any  transfer  or  conveyance,  shall  be 
deemed  the  owner  of  the  real  estate  and  personal  property  of  their 
district,  and  the  title  of  all  such  lands  as  have  been  in  the  actual  pos- 
session of  any  board  of  education  for  the  last  five  years,  and  are  still 
in  such  possession  and  not  otherwise  claimed,  is  hereby  vested  in  the 
board  of  education  of  the  district  in  which  such  lands  are  situated, 
to  be  held  and  used  for  free  school  purposes,  and  none  other.  The 
board  of  education  shall  hereafter,  whenever  possible,  obtain  a  general 
warranty  deed  for  all  school  sites. 

Property  Exempt  From  Execution. 

Sec.  9.  All  school  houses,  school  house  sites  and  other  property 
belonging  to  any  board  of  education  and  used  for  school  purposes 
shall  be  exempt  from  execution  or  other  process,  and  free  from  lien 
or  distress  for  taxes  or  county  levies. 

School  Lands — Preamble. 

WHEREAS,  It  is  represented  to  the  legislature  that,  prior  to  the  in- 
troduction of  the  present  free  school  system,  many  lots  or  small  pieces 
of  land  were  donated  or  purchased,  and  the  title  thereof,  legal  or 
equitable,  vested  in  trustees  with  the  view  of  erecting  thereon  build- 


12  SCHOOL  LAW  OP  WEST  VIRGINIA. 

ings  designed  exclusively  for  educational  purposes,  and  that  they  were 
used  for  such  purposes  many  years  prior  to  the  formation  of  the  State, 
and  are  still  used  or  claimed  by  the  boards  of  education  in  the  various 
school  districts  in  many  of  the  counties  of  the  State,  and  that  said 
trustees  in  many  cases  have  departed  this  life  or  left  the  State,  and 
•others  since  the  introduction  of  the  free  school  system  have  declined 
to  act  or  take  any  interest  in,  or  control  over,  such  lands ;  therefore, 

Be  it  enacted  by  the  Legislature  of  West  Virginia: 
Title  To,  in  Whom  Vested. 

Sec.  9a.  I.  That  the  title  of  all  such  lands  be,  and  the  same  is 
hereby  vested  in  the  board  of  education  of  the  school  district  in  which 
such  lands  as  have  been  in  the  actual  possession  of  the  board  of  educa- 
tion for  the  last  five  years,  and  are  still  in  such  possession  and  not 
otherwise  claimed,  may  be,  and  their  successors  in  office  to  be  held  and 
used  for  free  school  purposes,  and  none  other. 

Sale  or  Conveyance. 

Sec.  9a.  II.  If  from  any  cause  the  board  of  education  of  the 
school  district  in  which  any  such  land  may  lie,  shall  be  of  the  opin- 
ion that  the  interest  and  convenience  of  the  schools  of  such  district 
will  be  promoted  by  the  sale  of  any  such  lands,  they  may  sell  and  con- 
vey the  same,  and  use  the  proceeds  of  such  sales  in  the  purchase  of 
other  lands  and  the  erection  or  repair  of  other  buildings  to  be  used 
and  held  for  free  school  purposes,  as  in  other  cases. 

Property  to  be  Inspected — May  Be  Sold. 

Sec.  10.  The  president  of  the  board  of  education  of  every  district 
and  independent  district  shall  at  least  once  a  year,  examine  all  the 
school  houses  now  constructed  or  in  process  of  construction  and  all 
school  sites  in  the  district  and  report  the  condition  of  the  same  to  the 
board  of  education;  and  such  as  are  in  the  judgment  of  the  board, 
properly  located  and  are  suitable  or  can  with  reasonable  expense  be 
rendered  so,  shall  be  retained,  and  the  remainder  with  the  consent 
of  the  county  superintendent,  as  to  districts,  shall  be  sold  at  public 
auction  to  the  highest  responsible  bidder,  by  the  board  of  education  on 
proper  legal  notice  and  on  such  terms  of  sale  as  the  board  may  order, 
and  the  proceeds  shall  be  added  to  the  building  fund. 


SCHOOL  LAW  OF  WEST  VIRGINIA.  13- 

Have  General  Control  of  Schools — May  Change  Sub-district  Lines. 

Sec.  11.  The  board  of  education  shall  have  general  control  and  su- 
pervision of  the  schools  and  school  interests  of  their  district,  except 
as  herein  otherwise  provided;  and  they  shall  determine  the  number 
and  location  of  the  schools  to  be  taught;  establish  graded  schools, 
when  necessary,  and,  as  hereinafter  provided,  establish  high  schools,  if 
necessary,  change  the  boundaries  of  their  sub-districts,  and  increase 
and  diminish  the  number  thereof,  having  due  regard  to  the  school 
houses  already  built,  or  sites  procured,  assigning,  if  practicable,  to  each 
sub-district  not  less  than  forty  youths  between  the  ages  of  six  and  twen- 
ty-one years ;  and  shall  define  and  enter  of  record  in  their  minute  book 
the  boundaries  of  the  several  districts  and  sub-districts;  provided, 
that  no  school  shall  be  maintained  in  any  district  for  fewer  than  ten 
pupils  in  regular  attendance,  and  the  board  of  education  shall,  at  their 
first  annual  meeting  to  be  held  on  the  first  Monday  of  July,  ascertain 
from  official  records  what  school  or  schools,  if  any,  in  their  district,, 
had  an  average  daily  attendance  during  the  school  term  next  preced- 
ing of  less  than  ten  pupils  and  they  shall  thereupon,  or  as  soon  there- 
after as  may  be,  declare  any  such  school  or  schools  closed,  and  they 
shall  enter  such  action  as  matter  of  record  in  the  minutes  of  the  secre- 
tary; and,  provided,  that,  if  during;  any  school  term,  any  school  falls 
below  an  average  of  ten  in  daily  attendance  for  two  successive  months 
said  board  shall  close  such  school  and  the  teacher  thereof  shall  receive 
no  further  salary  as  teacher  of  such  school;  and,  provided,  that  the 
pupils  of  any  school,  which  shall  be  closed  by  the  board  in  the  manner 
just  provided,  shall  have  the  privilege  of  attending  any  other  school 
in  the  same  district  or  in  an  adjoining  district  or  independent  district,, 
as  the  board  may  direct,  and  the  board  shall  pay  their  tuition  in  such 
school,  in  the  manner  otherwise  provided  by  law  for  the  transfer  of 
pupils;  and,  provided,  further,  that  whenever  any  child  or  group  of 
children  of  school  age  shall,  by  reason  of  this  act  or  for  any  cause  what- 
soever, be  without  opportunity  to  attend  a  free  school  as  provided  by 
law,  within  two  miles  of  their  homes  by  the  shortest  traveled  road  or 
path,  the  board  of  education  may  employ  such  means  as  may  seem 
best  to  them  to  provide  educational  advantages  to  such  child  or  group 
of  children,  and  may  expend  for  such  purpese  an  amount  not  to  exceed 
the  proportion  of  all  the  school  funds  of  the  district,  which  the  num- 
ber, of  such  children  bears  to  the  whole  number  of  children  enumerated 
in  the  district,  such  expenditure  to  be  made  under  such  rules  and  regu- 
lations thereto  as  the  board  may  make. 


14  SCHOOL  LAW  OF  WEST  VIRGINIA. 

Appeal  to  County  Superintendent. 

Sec.  12.  Any  person  aggrieved  by  any  action  of  the  board  of  educa- 
tion, in  changing  the  boundaries  of  a  sub-district,  or  in  increasing  or 
diminishing  the  number  of  the  sub-districts  in  his  district  under  the 
preceding  section,  may  appeal  therefrom  to  the  county  superintendent 
of  schools. 

Every  such  person  shall  present  to  the  county  superintendent  his 
petition  signed  by  himself  and  at  least  five  others  residents  of  the  sub- 
district,  stating  the  action  of  the  board  complained  of  and  the  grounds 
of  appeal;  and  the  county  superintendent  shall  thereupon  fix  a  time 
and  place  for  the  hearing  of  the  appeal,  and  cause  notice  thereof  to  be 
served  upon  the  secretary  or  any  member  of  the  board  of  education,  at 
least  five  days  before  the  hearing. 

If  upon  hearing  the  proofs  and  allegations  of  the  parties  the  county 
superintendent  be  of  the  opinion  that  the  action  of  the  board  com- 
plained of  was  improper  he  shall  reverse  or  correct  it;  otherwise  the 
said  action  shall  be  affirmed,  but  any  person  aggrieved  by  any  action  of 
the  county  superintendent  upon  said  appeal  may  appeal  to  the  circuit 
court  of  the  county. 

Must  Provide  Sites  and  Buildings  and  Furniture,  Etc. 

Sec.  13.  The  board  of  education  of  every  district  shall  provide  by 
purchase,  condemnation,  leasing,  building  or  otherwise,  suitable  school 
houses,  and  grounds  in  their  districts,  in  such  locations  as  will  best 
accommodate  the  pupils  thereof,  and  improve  such  grounds  and  pro- 
vide such  furniture,  fixtures,  and  apparatus  for  the  said  school  houses, 
as  the  comfort,  health,  cleanliness  and  convenience  of  the  pupils  may 
require,  and  keep  such  grounds,  school  houses,  furniture,  fixtures,  and 
apparatus  in  good  order  and  repair,  but  no  board  of  education  may 
purchase  school  apparatus  of  any  kind  without  the  advice  and  consent 
of  the  county  superintendent  first  had  in  writing. 

Approval  of  Location  and  Plans  by  County  Superintendent. 

Sec.  14.  In  the  construction  of  school  houses  the  board  of  educa- 
tion of  each  district  shall  have  regard  to  economy,  convenience  and 
durability  of  structure  and  the  health  and  comfort  of  pupils,  and  no 
such  school  house  shall  be  constructed  until  the  location  and  plan  there- 
of have  first  been  approved  by  the  county  superintendent,  and  in  the 


SCHOOL  LAW  OF  WEST  VIRGINIA.  15 

event  the  board  of  education  cannot  agree  upon  plans  or  location,  the 
county  superintendent  shall  select  the  plans  and  location  for  such 
house. 

May  Condemn  Lands  for  School  Sites. 

Sec.  15.  If  the  owner  or  owners  refuse  to  sell  any  land  selected 
by  a  board  of  education  or  a  county  superintendent  as  a  location  for 
a  school  house  and  necessary  buildings,  or  for  enlarging  a  school  house 
lot,  or  demand  an  unreasonable  price  therefor,  or  if  the  owner  is  non 
compos  mentis,  a  femme  convert  e,  a  minor,  or  a  non-resident,  the  board 
of  education  may  petition  the  circuit  court  to  have  such  land  con- 
demned and  such  proceeding  shall  thereupon  be  had  in  the  name  of 
such  board  for  the  condemnation  thereof,  as  provided  for  in  chapter 
forty-two  of  the  Code;  provided,  that  the  land  so  taken  shall  not  ex- 
ceed in  quantity  two  acres. 

Schools  to  be  Taught. 

Sec.  16.  The  board  of  education  shall  cause  to  be  taught  in  every 
sub-district  of  their  district  by  a  teacher  or  teachers  of  temperate 
habits  and  good  morals  a  sufficient  number  of  free  schools  for  the  in- 
struction of  the  persons  entitled  to  attend  the  same,  and  should  the 
trustees  of  any  sub-district  neglect  or  fail  to  employ  a  teacher,  or 
teachers,  as  hereinafter  authorized,  for  their  sub-district,  upon  com- 
plaint thereof  by  any  three  patrons  of  said  school  it  shall  be  the  duty 
of  the  board  of  education  to  do  so. 

May  Discontinue  Schools. 

Sec.  17.  If  at  the  end  of  any  month  of  school  the  average  daily 
attendance  for  that  month  has  been  less  than  thirty-five  per  cent,  of  the 
whole  number  of  pupils  enumerated  in  that  sub-district,  the  board  of 
education  may  dismiss  the  teacher  and  discontinue  the  school,  and 
the  teacher  shall  not  be  entitled  to  or  receive  any  further  salary. 

May  Provide  Buildings  Jointly. 

Sec.  18.  Boards  of  education  in  adjoining  districts  may  jointly 
provide  for  the  construction  of  school  houses  and  the  teaching  of  school 
therein  for  the  accommodation  of  pupils  in  adjoining  portions  of 
districts  whether  in  the  same  or  different  counties  who  may  be  better 


16  SCHOOL  LAW  OF  WEST  VIRGINIA. 

accommodated  by  such  union  of  schools.  The  title  of  such  houses  shall 
be  vested  in  the  board  of  education  of  the  district  in  which  the  houses 
are  located,  and  the  terms  of  the  agreement  shall  be  reduced  to  writing 
and  entered  of  record  in  the  minutes  of  the  respective  boards.  Such 
school  houses  shall  be  provided  with  furniture,  fixtures  and  such  other 
apparatus  as  are  supplied  to  school  houses  generally,  and  an  equitable 
amount  of  the  cost  thereof  shall  be  assessed  to  each  district  interested, 
by  the  respective  boards  of  education. 

Bond  Required  From  Contractors. 

Sec.  19.  Boards  of  education  shall  in  all  cases  require  persons  en- 
tering into  contract  for  the  building  or  repairing  of  school  houses 
where  the  contract  price  exceeds  fifty  dollars,  to  execute  bond,  with 
approved  security  in  double  the  amount  of  the  contract  price. 

Vote  on  School  Levy. 

Sec.  20.  The  ballots  used  at  the  election  for  county  superintendent 
hereinafter  provided  for,  shall  have  printed  at  the  bottom  of  each 
ticket,  in  separate  lines,  "For  school  levy,"  and  "Against  school  levy/' 
and  the  voter  in  preparing  his  ballot  shall,  if  he  desires  to  vote  for 
school  levy,  erase  from  the  ticket  which  he  intends  to  vote  the  words 
" Against  school  levy,"  or  if  he  desires  to  vote  against  school  levy,  he 
shall  erase  therefrom  the  words  "For  school  levy." 

Levies. 

Sec.  21.  If  a  majority  of  the  ballots  cast  upon  the  question  of  lay- 
ing a  levy  in  the  district  or  independent  district  have  written  or 
printed  thereon  "For  school  levy,"  it  shall  be  the  duty  of  the  board  of 
education  of  such  district  or  independent  district  at  a  meeting  to  be 
held  on  the  second  Tuesday  in  August,  to  ascertain  the  condition  of 
the  fiscal  affairs  of  the  district,  and  make  up  an  itemized  statement 
thereof  which  shall  set  forth  in  detail : 

(a)  The  separate  amounts  due  the  building  fund  and  teachers' 
fund  of  the  district,  and  the  amounts  that  will  become  due  thereto  and 
collectible  during  the  current  fiscal  year,  from  every  source,  including 
the  amount  to  be  received  from  the  general  school  fund,  but  excepting 
the  amount  that  will  be  produced  by  the  levy  of  taxes  to  be  made  for 
the  year; 


SCHOOL  LAW  OF  WEST  VIRGINIA.  17 

(b)  The  debts  and  demands  owed  by  the  district,  and  the  debts 
and  demands  that  will  become  due  and  payable  during  the  current 
fiscal  year,  including  interest  on  any  indebtedness,  funded  or  bonded  or 
otherwise,  distinguishing  between  those  payable  out  of  the  building 
fund  and  those  payable  out  of  the  teachers'  fund; 

(c)  All  other  expenditures,  under  the  several  heads  of  expendi- 
tures, to  be  made  and  payable  out  of  the  funds  of  the  district  for  the 
current  fiscal  year,  distinguishing  between  those  payable  out  of  the 
building  fund  and  those  payable  out  of  the  teachers'  fund,  and  includ- 
ing the  cost  of  collection  of  taxes  and  other  claims,  with  proper  allow- 
ances for  delinquent  taxes  and  contingencies.     Said  statement  shall 
also  set  forth  the  separate  amounts  necessary  to  be  raised  for  each  of 
said  funds  by  the  le\*y  of  taxes  for  the  current  fis«al  year,  and  the  pro- 
posed rates  of  levy  of  taxes,  in  cents  on  each  one  hundred  dollars  of 
assessed  value,  on  the  taxable  property  of  the  district  for  each  of  said 
funds ;  and  also  the  aggregate  of  the  taxable  property  of  the  district, 
stating  separately  the  assessed  value  of  personal  property,  of  real 
estate,  and  of  the  property  assessed  by  the  board  of  public  works.    A 
copy  of  such  statement  duly  certified  by  the  secretary  of  the  board 
shall  before  the  next  meeting  of  the  board  be  printed  once  in  two 
newspapers  of  opposite  politics  in  the  county,  if  there  be  two  such 
newspapers  of  general  circulation  in  the  county.     The  session  shall 
then  stand  adjourned  until  the  fourth  Tuesday  in  August,  at  which 
time  it  shall  convene;  and  it  shall  then  be  the  duty  of  said  board  to 
hear  and  consider  any  objections  made  orally  or  in  writing,  by  the- 
prosec-uting  attorney,  by  the  state  tax  commissioner  or  his  representa- 
tive, or  by  any  taxpayer  of  the  county  to  said  estimate  and  proposed 
levy,  or  any  item  thereof.    It  shall  be  the  duty  of  the  board  to  enter 
an  order  of  record  showing  the  objections  so  made,  setting  forth  the 
reasons  and  grounds  for  such  objections.    But  the  failure  of  any  officer 
or  taxpayer  to  oft'er  objection  as  herein  provided  shall  not  preclude 
him  from  pursuing  any  legal  remedy  necessary  to  correct  any  levy 
laid  by  said  board.    After  said  objections  have  been  made  and  heard, 
the  board  shall  thereupon  reconsider  the  proposed  original  estimate 
and  proposed  rate  of  levy;  and  if  the  objections  thereto  or  any  part 
thereof  appear  to  be  well  taken,  the  board  shall  correct  the  same  ac- 
cordingly and   it   shall  thereupon  be   approved  and  when   approved 
shall,  with  the  order  approving  it,  be  entered  by  the  secretary  in  the- 
record  book  of  proceedings.    The  board  shall  thereupon  levy  as  many 
cents  on  each  one  hundred  dollars  of  the  assessed  valuation  of  the- 
property  of  the  district,  according  to  the  last  assessment  thereof,  as 


18  SCHOOL  LAW  OF  WEST  VIRGINIA. 

will  produce  the  amount  shown  by  the  said  statement  necessary  to  be 
raised  for  the  building  fund,  and  levy  in  like  manner  the  amount 
necessary,  after  deducting  the  sum  receivable  from  the  general  school 
fund,  for  the  teachers'  fund  to  continue  the  schools  in  such  district  for 
the  term  of  six  months  or  for  a  longer  term  where  such  may  be  estab- 
lished by  or  according  to  law;  provided,  first,  that  the  levy  for  the 
building  fund  shall  not  exceed  fifteen  cents  on  each  one  hundred  dollars 
of  said  valuation,  nor  exceed  thirty  cents  on  each  hundred  dollars  of 
said  valuation  for  the  teachers'  fund;  provided,  second,  that  if  said 
maximum  levies  hereinbefore  authorized,  shall  not  produce  sufficient 
money,  with  the  other  sources  of  revenue,  including  any  balance  to 
the  credit  thereof  in  the  hands  of  the  treasurer,  and  the  amount  of 
general  school  fund  apportioned  to  the  district,  to  pay  the  salaries  of 
the  necessary  number  of  teachers  at  the  minimum  rate  of  salary  fixed 
by  law  for  the  schools  of  the  district  for  the  term  of  six  months,  it 
shall  be  the  duty  of  the  state  superintendent  of  free  schools  to  deposit 
with  the  treasurer  of  the  board  of  education  to  the  credit  of  the  teach- 
ers' fund  a  sufficient  amount  to  make  up  said  deficiency,  and  the  said 
state  superintendent  of  free  schools  is  authorized  to  withhold  from 
the  distribution  made  on  the  per  capita  basis,  a  sufficient  amount  of 
the  general  school  fund  not  to  exceed  in  any  one  year  seventy-five  thou- 
sand dollars  for  this  purpose;  provided,  third,  that  in  any  magis- 
terial or  independent  district  of  the  state  a  levy  of  fifteen  cents 
on  the  one  hundred  dollars  for  the  -building  fund  is  not  sufficient  to 
meet  all  the  outlay  for  necessary  expenses  for  the  school  year  properly 
chargeable  to  the  building  fund,  such  as  repairs,  fuel,  janitor  service 
and  institute  per  diem,  and  not  including  the  purchase  of  land  or  the 
erection  of  new  buildings,  then  it  shall  be  the  duty  of  the  state  super- 
intendent to  make  requisition  upon  the  auditor  for  a  sufficient  sum 
out  of  the  general  school  fund,  not  exceeding  fifteen  thousand  dollars 
in  any  one  year,  for  the  purpose  of  supplementing  the  building  fund  of 
districts  entitled  to  such  assistance.  The  state  superintendent  before 
making  requisition  on  the  auditor  for  the  supplementary  aid  herein 
provided  for,  for  the  teachers'  and  the  building  fund,  shall  inform  him- 
self of  the  conditions  existing  in  such  districts  as  seek  aid  and  shall 
require  a  financial  statement  and  affidavits  concerning  the  same  from 
all  boards  of  education  asking  for  help.  Any  balance  of  the  general 
school  fund  withheld  from  the  per  capita  distribution  for  such  dis- 
tricts, as  aforesaid,  in  any  year,  shall  revert  to  said  fund  at  the  close 
of  the  year;  provided,  fourth,  that  in  any  district  or  independent  dis- 
trict which  contains  an  incorporated  city  or  town  where  a  graded  or 


SCHOOL  LAW  OF  WEST  VIRGINIA.  19 

high  school  is  maintained,  which  is  continued  for  a  longer  period  than 
six  months,  the  board  of  education  shall  have  authority  to  lay  a  levy 
in  addition  to  the  levies  above  specified  sufficient  for  all  purposes  to 
conduct  the  schools  of  said  city  or  town  for  the  term  fixed;  provided, 
fifth;  that  in  any  other  district  where  all  the  sources  of  revenue  here- 
inbefore provided  for  including  the  apportionment  to  the  district  of 
the  general  school  fund  and  of  the  amount  withheld  from  the  general 
school  fund  by  the  state  superintendent  as  supplementary  aid  to  dis- 
tricts will  not  provide  for  minimum  salaries  to  a  sufficient  number  of 
teachers  to  teach  all  the  schools  in  the  district  for  the  minimum  term 
of  six  months,  it  shall  be  the  duty  of  the  board  of  education  to  lay  an 
additional  levy  not  to  exceed  five  cents  on  each  one  hundred  dollars 
of  the  assessed  valuation  to  make  up  such  deficiency  in  the  teachers' 
fund;  provided,  sixth,  that  if  the  board  of  education  of  any  district, 
or  independent  district,  maintains  a  lawfully  established  high  school, 
or  maintains  such  high  school  in  connection  with  one  or  more  other  dis- 
tricts, the  board  of  such  district,  or  boards  of  districts  where  the  high 
school  is  jointly  maintained,  may  levy  for  the  support  of  said  high 
school,  in  any  one  year,  not  to  exceed  ten  cents  on  each  one  hundred 
dollars  valuation  of  the  property  of  the  district,  or  districts. 

See  Appendix  A  for  law  passed  in  1915  providing  for  special  debt  levy  and  other 
provisions  concerning  the  rates  and  manner  of  laying  levies. 

Additional  Levy. 

Sec.  22.  If  any  board  of  education  be  of  the  opinion  that  the  maxi- 
mum rate  of  levy  of  taxes  hereinbefore  named  will  not  produce  suffi- 
cient funds  for  the  current  fiscal  year  to  cover  the  expenditures  for  the 
year  in  its  school  district,  it  may  enter  an  order  on  its  record  book 
of  proceedings  setting  forth  the  purposes  for  which  additional  funds 
will  be  needed,  the  amount  thereof  for  each  purpose,  and  the  total 
thereof,  the  aggregate  amount  of  the  taxable  property  on  which  it  is 
authorized  to  levy  taxes  and  the  rate  of  levy  in  cents  011  each  one  hun- 
dred dollars  of  valuation  of  such  property  necessary  to  produce  the 
additional  amount  estimated  to  be  needed;  and  in  the  same  order 
submit  to  the  voters  of  the  school  district,  at  an  election  therefor,  the 
question  of  such  additional  levy.  If  a  majority  of  the  votes  cast  on 
the  question  at  such  election  be  in  favor  of  such  additional  levy,  the 
board  shall  have  authority  to  make  such  additional  levy,  but  the  same 
shall  not  exceed  twenty  cents  011  each  one  hundred  dollars  of  valuation 
of  the  taxable  property  in  the  school  districts,  according  to  the  last 
assessment  thereof :  provided,  that  if  amy  school  or  independent  school 


20  SCHOOL  LAW  or  WEST  VIRGINIA. 

district  create  in  the  future  a  bonded  indebtedness  according  to  law, 
and  the  board  of  education  be  of  opinion  that  the  maximum  rate  of 
levy  provided  in  section  twenty-one  will  not  produce  sufficient  funds 
to  pay  the  interest  on  such  bonded  indebtedness  and  provide  a  sinking 
fund  for  the  discharge  of  the  principal  in  the  number  of  years  author- 
ized by  the  issue  of  the  bonds,  it  may  enter  an  order  on  its  record  book 
of  proceedings  setting  forth  the  maximum  rate  of  levy  necessary  in 
each  year  to  pay  the  interest  and  to  provide  such  sinking  fund ;  and 
in  the  same  order  submit  to  the  voters  of  the  district  at  the  election 
held  for  the  purpose  of  authorizing  the  bond  issue,  the  question  of 
such  levy.  At  such  election  there  shall  be  printed  on  the  ticket  a 
brief. statement  of  the  levy  herein  provided  for,  such  as,  "To  authorize 
a  maximum  special  bond  levy  of  -  —  cents  according  to  the 

order  of  -  -  entered  on  the day  of  - 

to  pay  the  interest  and  provide  a  sinking  fund  for  the  discharge  of 
the  bonds  now  being  voted  upon."  And  directly  underneath  in  two 
separate  lines  shall  be  printed  the  words,  "For  the  levy"  and  "Against 
the  levy."  In  all  respects  the  provisions  of  the  laws  concerning  general 
elections,  and  elections  under  the  provisions  of  this  act,  shall  apply 
to  such  election  as  far  as  they  are  practicable.  If  a  majority  of  the 
votes  cast  at  such  election  be  in  favor  of  such  levy,  the  board  shall 
have  authority  to  lay  such  maximum  levy,  and  may  continue  to  lay 
the  same,  or  such  portion  thereof  as  is  necessary,  from  year  to  year, 
without  an  additional  vote,  until  such  bonded  indtebtedness  is  paid  off 
and  discharged ;  but  the  funds  arising  from  such  levy  shall  be  used  for 
the  purpose  herein  designated  and  no  other. 

How  Elections  Herein  Authorized  Shall  Be  Held. 

Sec.  23.  The  election  authorized  in  section  twenty- two  may  be 
held  at  any  general  election,  or  at  any  special  election  held  for  any 
other  purpose,  as  well  as  held  separately.  Notice  thereof,  however, 
shall  be  given  by  the  publication  of  the  order  of  the  board  calling  the 
same,  in  two  newspapers  of  general  circulation  in  the  territory  in 
which  the  election  is  held,  and  of  opposite  politics,  at  least  once  in  each 
week  for  two  successive  weeks  before  the  election,  and  printed  copies 
of  said  order  shall  be  posted  at  each  place  of  voting  at  least  ten  days 
before  the  election.  If  there  be  only  one  such  newspaper  published 
in  the  county,  the  publication  shall  be  made  therein.  All  the  pro- 
visions of  the  laws  concerning  general  elections  shall  apply  to  such 
election  as  far  as  they  are  practicable,  except  as  follows:  A  separate 
ticket  shall  be  used  at  such  election  held  in  connection  with  any  other 


SCHOOL  LAW  OF  WEST  VIRGINIA.  21 

election.     On  such  ticket  shall  be    printed  a  brief  statement  of  the 

question  submitted,  such  as  "Special  election  to  authorize levy 

of  -   cents,  according  to  the  order  of  the day  of  -        — ;" 

and  directly  underneath,  in  two  separate  lines,  shall  be  printed  the 
words  "For  the  levy/'  and  "Against  the  levy."  Those  favoring  the 
levy  shall  erase  the  words  "Against  the  levy"  and  those  opposed  there- 
to shall  erase  the  words  "For  the  levy."  If  a  majority  of  those  voting 
on  the  question  be  in  favor  of  the  levy  the  said  board  shall  be  author- 
ized to  lay  the  same ;  but  if  a  majority  of  the  votes  cast  on  the  question 
be  not  in  favor  of  such  levy,  it  shall  not  be  laid.  The  secretary  of  the 
board  shall  procure  and  furnish  to  the  election  commissioners  at  each 
place  of  voting  the  tickets,  poll  books,  tally  sheets,  and  other  things 
needed. 

Special  Debt  Levy — Provisions  as  to  Certain  Funds. 

*Sec.  24.  If  any  school  district  or  any  independent  school  district 
have  outstanding  unpaid  orders  on  the  treasury  thereof,  or  owe  other 
floating  indebtedness,  which  orders  were  issued  or  which  indebtedness 
was  incurred  previous  to  the  first  day  of  January  in  the  year  nineteen 
hundred  and  eight  the  amount  whereof  is  so  considerable  that  it  is 
impracticable  to  discharge  the  same  out  of  the  proceeds  of  the  regular 
levy,  and  the  board  of  education  deem  it  inadvisable  to  submit  to  the 
voters  of  the  district  the  question  of  an  additional  levy  as  provided 
i»  section  twenty-two,  the  board  may  lay  a  levy  in  addition  to  said 
regular  levy  to  be  called  "Special  debt  levy,"  not  exceeding  ten  cents 
on  each  hundred  dollars  of  the  valuation  of  the  taxable  property  of 
the  district  according  to  the  last  assessment  of  such  property,  and  con- 
tinue such  levy  for  as  many  years  as  may  be  necessary  to  pay  off  such 
debt,  but  not  longer.  The  net  amount  produced  by  any  such  levy, 
or  by  any  additional  levy  authorized  by  section  twenty-two,  shall  not 
be  used  for  any  other  purpose,  as  to  such  special  debt  levy  than  for 
the  payment  of  such  debt,  or  as  to  such  additional  levy  for  the  purpose 
or  purposes  named  in  the  order  submitting  the  question  to  the  voters. 
The  treasurer  of  each  of  such  funds  shall  keep  an  accurate  account  of 
the  same  separately  from  other  funds.  If  after  paying  off  such  debts 
or  effecting  the  object  of  said  additional  levy  or  of  said  special  levy,  any 
balance  remains  of  any  said  funds  the  same  shall,  first  revert  to  the 
sinking  fund  of  the  district  or  independent  school  district,  or  secondly, 
if  there  be  no  such  sinking  fund,  it  shall  revert  to  the  teachers'  fund. 

*See  Appendix  A  for  law  passed  in**L915  providing  for  special  debt  levy  and 
other  provisions  concerning  the  rates  and  manner  of  laying  levies. 


22  SCHOOL  LAW  OF  WEST  VIRGINIA. 

Certain  Acts  Prohibited — Penalties. 

*Sec.  25.  It  shall  be  unlawful  for  any  board  of  education  to  expend 
any  money  or  to  incur  any  obligation  or  indebtedness  which  such 
tribunal  is  not  expressly  authorized  by  law  to  expend  or  to  incur. 
Nor  shall  any  such  tribunal  make  any  contract,  express  or  implied,  the 
performance  of  which,  in  whole  or  in  part,  would  involve  the  expen- 
diture of  money  in  excess  of  funds  legally  at  the  disposal  of  such  tri- 
bunal, issue  or  authorize  to  be  issued  any  certificate,  order  or  other 
evidence  of  indebtedness  which  cannot  be  paid  out  of  the  levy  for  the 
current  year  or  out  of  the  fund  against  which  it  is  issued.  Nor  shall 
any  such  tribunal  attempt  to  lay  any  such  levy  the  rate  whereof  shall 
exceed  the  rate  specified  by  this  act. 

Any  member  of  any  such  tribunal,  or  any  officer  or  person,  who 
in  violation  of  any  of  the  provisions  of  this  act  shall  expend  any 
money  or  incur  any  debt  or  obligation,  make  or  participate  in  the 
making  of  any  such  contract,  or  be  a  party  thereto  in  any  official 
capacity,  or  issue  or  cause  to  be  issued  any  such  certificate,  order 
or  other  evidence  of  indebtedness,  or  lay  or  cause  to  be  laid  any 
levy  or  levies,  shall  be  personally  liable  therefor,  both  jointly  and 
severally,  and  an  action  may  be  maintained  therefor  by  the  State, 
or  by  any  county,  municipal  corporation,  district,  or  person  pre- 
judiced thereby,  in  any  court  of  competent  jurisdiction;  and  any 
such  member,  officer  or  person  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  not  more  than  five  hundred 
dollars  or  be  confined  in  jail  not  more  than  one  year,  or  both  fined 
and  imprisoned;  and  in  addition  thereto  shall  forfeit  his  office. 
Whenever  any  court  of  competent  jurisdiction  by  mandamus,  injunc- 
tion or  other  judicial  proceeding  shall  determine  that  any  officer  or 
person  has  wilfully  violated  any  of  the  provisions  of  this  section, 
it  shall  enter  an  order  declaring  the  office  of  such  officer  or  person 
forfeited. 

Duty  of  State  Tax  Commissioner  and  Attorney  General. 

Sec.  26.  The  State  tax  commissioner  shall  prepare  forms  and 
instructions  for  making  up  the  statement  named  in  section  twenty- 
one  of  the  condition  of  the  fiscal  affairs,  which  forms  and  instructions 
shall  be  followed  so  far  as  they  are  consistent  with  law.  The  attorney 
general  shall  prepare  forms  and  instructions  for  the  holding  of  any 
election  provided  by  this  act,  which  forms  and  instructions  shall  be 
followed. 


*8ee  Appendix  A  for  law  passed  in  1915  providing  for  special  debt  levy  and  other 
provisions  concerning  the  rates  and  manner  of  laying  levies. 


SCHOOL  LAW  OF  WEST  VIRGINIA.  23 

Additional  Term — Special  Election. 

Sec.  27.  The  board  of  education  of  any  district  or  independent 
district  may  at  their  first  meeting  held  on  the  first  Monday  in  July 
extend  the  term  of  six  months  school  herein  provided  for,  or  they 
shall  upon  the  petition  of  fifty  taxpayers  of  their  district,  submit  the 
question  of  having  more  than  six  months  school  to  the  voters  of  their 
district  at  any  general  election  or  at  a  special  election  to  be  held  in 
such  district  at  such  time  as  said  petitioners  may  designate.  If  such 
question  is  to  be  submitted  at  a  general  election  the  board  of  education 
shall  notify  the  ballot  commissioners  who  shall  thereupon  have  printed 
on  the  ballots  used  at  such  general  election  "For—  —months 

school"  and  "Against—  —months  school/'  and  if  at  a  special 

election,  the  secretary  of  the  board  of  education  shall  post  notices  of 
such  special  election  at  all  the  voting  places  in  the  district  for  at  least 
twenty  days  before  the  day  on  which  said  election  is  to  be  held.  The 
ballots  used  at  said  election  shall  have  written  or  printed  thereon  the 
words  "For—  —months  school/'  and  "Against—  —months 

school."  If  a  majority  of  the  votes  cast  at  any  such  election  shall  be 
in  favor  of  more  than  six  months  school,  or  if  the  board  of  education 
shall  determine,  without  such  election,  to  have  more  than  six  months 
school  they  shall  provide  for  such  additional  months  of  school  for  their 
district,  for  the  ensuing  two  years. 

Teachers'  Salaries. 

Sec.  28.  Boards  of  education  shall  at  their  first  meeting  for  each 
school  year  determine  the  number  of  teachers  necessary  to  be  employed 
and  fix  the  rate  of  salary  that  shall  be  paid  said  teachers.  In  determin- 
ing the  salaries  they  shall  have  regard  to  the  grade  of  teachers'  certifi- 
cates, fixing  to  each  grade  the  salary  that  shall  be  paid  to  teachers  of 
said  grade  as  follows:  Teachers  holding  certificates  of  the  grade 
number  one,  shall  be  paid  not  less  than  fifty  dollars  per  month ;  those 
holding  certificates  of  the  grade  of  number  two,  not  less  than  forty 
dollars  per  month;  and  those  holding  certificates  of  the  grade 
number  three,  not  less  than  thirty  dollars  per  month;  and  in  the 
making  of  teachers'  contracts  the  rate  of  salary  so  fixccl  by  the  board 
shall  in  no  case  be  increased  or  diminished;  provided,  that  in  a 
district  or  independent  district  having  a  school  or  schools  employing 
two  or  more  teachers  in  the  same  building,  the  board  may  fix  a 
higher  rate  of  salary  to  be  paid  to  the  teachers  of  such  schools  and 
adjust  the  salaries  of  said  teachers  according  to  the  grade  of  certifi- 


24  SCHOOL  LAW  OF  WEST  VIRGINIA. 

cates  and  to  the  conditions  existing  in  such  schools;  provided,  fur- 
ther, that  if  in  any  district  the  proceeds  of  the  maximum  levy 
of  twenty-five  cents  on  each  one  hundred  dollars  valuation  of  taxa- 
ble property  together  with  such  other  funds  as  may  be  available, 
including  the  supplementary  aid  for  school  districts  provided  for  in 
section  twenty-one,  are  not  sufficient  to  maintain  all  the  schools  of  the 
district  for  the  minimum  term  of  six  months  and  to  pay  the  minimum 
salaries  herein  required,  the  board  of  education  of  such  district  shall 
have  authority  to  lay  additional  levy  for  such  purpose  not  to  exceed 
five  cents  on  each  one  hundred  dollars  valuation  of  taxable  property. 

Extension  of  Term— Special  Levy. 

Sec.  29.  If  within  ten  days  after  the  board  of  education  has  laid 
the  levies  as  provided  by  law,  a  majority  of  the  taxpayers  of  any  sub- 
district,  in  which  is  located  a  school  employing  two  or  more  teachers 
in  the  same  building,  file  with  the  secretary  of  the  board  of  education 
their  petition  praying  for  the  extension  of  the  term  of  such  school  for  a 
given  number  of  months  for  the  ensuing  year,  the  said  board  of  educa- 
tion shall  extend  the  term  of  said  school  for  the  number  of  months 
prayed  for,  and  shall  provide  for  such  additional  expense  necessarily 
incurred  in  carrying  on  said  school  for  such  extended  term  by  special 
levy  not  exceeding  the  rate  of  five  cents  on  each  one  hundred  dollars' 
valuation  of  the  taxable  property  in  such  sub-district  and  the  proceeds 
of  such  additional  levy  shall  be  known  as  sub-district  teachers'  fund 
and  shall  be  collected,  reported  and  accounted  for  in  the  same  manner 
as  provided  for  the  proceeds  of  other  school  levies. 

Providing  for  Establishment   of  Normal   Training   Departments  in 
High  Schools  and  Authorizing  Special  State  Aid  Therefor. 

Sec.  29a.  Whenever  in  the  judgment  of  any  county  high  school 
board  or  of  any  district  or  independent  district  board  of  education 
in  whose  district  a  high  school  is  maintained,  it  is  advisable  to  provide 
for  the  better  training  of  the  teachers  in  the  elementary  schools  of 
their  county  or  districts,  such  county  high  school  board,  district  board 
of  education  or  independent  district  board  of  education  shall  have 
the  authority -to  establish  and  maintain  a  normal  training  department 
in  connection  with  any  high  school  under  their  control,  to  provide 
necessary  rooms,  furniture,  equipment  and  supplies,  and  to  employ 
teachers  therefor. 

It  shall  be  the  duty  of  the  state  board  of  education  to  prescribe  a 
•course  of  study  for  such  normal  training  department,  to  determine 


SCHOOL  LAW  OF  WEST  VIRGINIA.  25 

the  number  and  qualifications  of  teachers  to  be  employed  therein,  and 
to  establish  such  other  regulations  and  requirements  for  their  conduct 
as  they  may  deem  best;  and  when  a  normal  training  department  has 
been  established  in  any  high  school  in  accordance  with  the  regula- 
tions and  requirements  of  the  state  board  of  education  and  has  been 
approved  by  said  board,  such  high  school  shall  be  designated  and 
known  as  a  normal  training  high  school.  The  state  board  of  educa- 
tion shall  om  or  before  the  first  day  of  October  annually,  report  the 
number  and  location  of  high  schools  approved  by  them  as  normal 
training  high  schools,  to  the  state  superintendent  of  schools.  Normal 
training  high  schools  so  approved  shall  be  entitled  to  receive,  in  addi- 
tion to  the  state  aid  now  provided  by  law  for  classified  high  schools, 
the  sum  of  four  hundred  dollars  annually,  the  same  to  be  paid  out 
of  the  appropriation  for  classified  high  schools  at  the  time  and  in 
the  manner  prescribed  by  law  for  the  payment  of  state  aid  to  clas- 
sified high  schools,  and  to  be  used  for  the  maintenance  of  normal 
training  departments  of  such  high  schools  and  for  no  other  purpose; 
provided,  however,  that  not  more  than  ten  high  schools  in  the  state 
shall  receive  aid  as  normal  training  high  schools  at  one  time ;  and  pro- 
vided, further,  that  such  state  aid  shall  not  be  given  in  support  of  any 
such  normal  training  department  of  any  high  school  located  in  any 
county  in  which  a  state  normal  school  or  other  state  school  maintain- 
ing such  normal  training  course  is  located. 

District  High  Schools;  How  Established;  Classification  and  State  Aid. 

Sec.  30.  (a)  If  the  board  of  education  of  any  district  deem  it 
expedient  to  establish  a  high  school  in  such  district,  they  shall  submit 
the  question  to  the  voters  of  the  district  at  a  general  or  special 
election  in  the  manner  following,  that  is  to  say:  The  board  shall 
prepare  and  sign  a  notice  setting  forth  the  kind  of  school  proposed; 
the  estimated  expense  of  establishing  the  same,  including  cost  of  site, 
building,  furniture,  books  and  apparatus  and  the  estimated  annual 
expense  of  supporting  the  school  after  it  is  in  operation,  with  such 
other  information  concerning  it  as  they  may  deem  proper;  and 
stating  that  the  question  of  authorizing  the  establishment  of  such 
high  school  shall  be  submitted  to  the  voters  of  the  district  at  the 
election  specified  in  the  notice  which  they  shall  cause  to  be  posted 
for  four  weeks  before  the  election  in  at  least  three  of  the  most  public 
places  in  the  district. 

The  ballots  used  in  voting  on  the  question  shall  have  written  or 
printed  thereon  the  words  "For  district  high  school,"  and  the  words 


26  SCHOOL  LAW  OF  WEST  VIRGINIA. 

"Against  district  high  school/'  If  it  appear  by  the  result  of  said 
election  that  a  majority  of  the  voters  who  voted  on  the  question  are 
in  favor  of  authorizing  the  establishment  of  said  school,  the  board  of 
education  shall  then  proceed  to  obtain  the  site,  provide  a  suitable 
building  or  buildings,  furniture,  apparatus  and  supplies  and  employ 
necessary  teachers  therefor. 

(&)  The  high  schools  of  this  state  shall  be  divided  into  three 
classes  as  follows: 

High  schools  of  the  first  class  shall  include  all  high  schools  offering 
courses  of  study  covering  four  years  of  not  less  than  thirty-six  weeks 
each  and  employing  not  fewer  than  three  thoroughly  qualified  high 
school  teachers  who  devote  all  of  their  time  to  the  teaching  of  high 
school  subjects. 

High  schools  of  the  second  class  shall  include  all  high  schools 
offering  courses  of  study  covering  three  years  of  not  less  than  thirty- 
six  weeks  each  and  employing  not  fewer  than  two  thoroughly  qualified 
high  school  teachers  who  devote  all  of  their  time  to  the  teaching  of 
high  school  subjects. 

High  schools  of  the  third  class  shall  include  all  high  schools 
offering  courses  of  study  covering  two  years  of  not  less  than  thirty- 
six  weeks  each  and  employing  at  least  one  thoroughly  qualified  high 
school  teacher  who  devotes  all  of  his  time  to  the  teaching  of  high 
school  subjects. 

(c)  It  shall  be  the  duty  of  the  state  superintedent  of  schools  to 
classify  all  of  the  high  schools  of  the  state  in  accordance  with  the 
provisions  of  division  (b)  of  this  section. 

(d)  To  assist  in  the  maintenance  of  all  such  high  schools  as  have 
been  properly  classified  according  to  the  provisions  of  division   (b) 
of  this  section  and  have  complied  with  all  the  requirements  thereof, 
the  following  amounts  are  hereby  appropriated  to  be  paid  annually 
out  of  the  state  fund : 

To  each  high  school  of  the  first  class,  $800;  to  each  high  school  of 
the  second  class,  $600 ;  and  to  each  high  school  of  the  third  class 
$400. 

(e)  The  state  superintendent  of  schools  shall  not  later  than  the 
first  day  of  October,  annually,  notify  the  county  superintendent  of 
schools  of  each  county  as  to  the  amount  due  under  the  provisions  of 
this  section  to  each  of  the  classified  high  schools  in  his  county.     The 
county  superintendent  shall  issue  his  warrants  upon  the  auditor,  pay- 
able to  the  order  of  the  sheriff  of  his  county,  for  the  amount  due  each 
school  which  shall  be  paid  in  two  equal  installments,  payable  on  the 
first  day  of  December  and  the  first  day  of  April. 


SCHOOL  LAW  or  WEST  VIRGINIA.  27 

Payment  of  High  School  Tuition. 

Sec.  30-a.  It  shall  be  the  duty  of  the  board  of  education  of  any 
district  which  does  not  maintain  a  high  school  to  pay  the  tuition  fees 
of  all  pupils  in  their  district  who  have  completed  the  course  of  study 
in  the  elementary  schools  and  who  desire  to  attend  public  high 
schools  or  other  schools  of  high  school  grade  in  other  districts  within 
the  state  ;  provided,  that  boards  of  education  shall  not  pay  more  than 
two  dollars  and  fifty  cents  per  month  for  such  tuition  for  each  pupil 
attending  a  high  school  or  other  school  of  high  school  grade  in 
another  district;  and,  provided,  further*  that  boards  of  education 
shall  not  be  required  to  pay  such  tuition  fees  for  any  pupils  for  more 
than  four  years;  and,  provided,  further,  that  any  board  of  education 
maintaining  a  high  school  of  less  than  four  years  course,  may  pay  the 
tuition  of  any  pupil  who  has  completed  the  course  in  such  high 
school  in  any  other  school  or  schools  of  high  school  grade  of  four 
years,  or  equivalent  thereof,  so  that  such  pupil  may  have  the  benefit 
of  a  four  years'  course  in  high  school.  Fees  for  the  tuition  of  high 
school  pupils  shall  be  paid  out  of  the  building  fund  of  the  district 
upon  the  presentation  of  a  certificate  signed  by  the  president  of  the 
board  of  education  controlling  the  high  school  in  which  tuition  pupils 
were  in  attendance  and  by  the  principal  of  the  school  and  giving  the 
names  of  such  pupils  and  the  number  of  months  each  was  in  attend- 
ance. 

Joint  District  High  Schools. 


Section  SO^.  If  the  boards  of  education  of  two  or  more  contig- 
uous districts  whether  in  the  same  or  another  county,  believe  it  ex- 
pedient and  wise  to  establish  and  maintain  jointly  a  high  school  in 
any  one  of  said  districts,  the  building,  if  one  is  to  be  erected,  and 
the  site  therefor,  to  be  owned  jointly  in  proportion  to  the  amount 
contributed  by  the  districts  so  uniting,  the  respective  boards  shall 
submit  the  question  to  the  voters  of  the  respective  districts,  at  a 
general  or  special  election,  in  the  way  and  manner  and  after  the  notice 
required  by  section  thirty  of  said  chapter. 

The  boards  of  education  proposing  to  unite  shall  meet  and  deter- 
mine the  location  of  the  proposed  school,  the  estimated  amount  to 
be  contributed  toward  the  establishment  and  yearly  maintenance  of 
said  school  by  each  district,  the  total  cost  thereof  to  be  apportioned 
among  the  districts  uniting  on  the  basis  of  their  respective  valuations 
of  taxable  property,  which  agreement  shall  be  reduced  to  writing 
and  entered  of  record  in  the  minute  book  of  the  respective  boards, 


28  SCHOOL  LAW  OF  WEST  VIRGINIA. 

the  substance  of  which  shall  be  made  a  part  of  the  statement  to  the 
voters  hereinbefore  provided  for. 

The  control  and  management  of  said  joint  high  school,  after  the 
same  is  established,  is  hereby  vested  in  the  boards  of  education  of  the 
several  districts  so  uniting  to  be  exercised  in  joint  session,  the  county 
superintendent  of  schools  to  be  ex-officio  a  member  and  chairman 
of  said  joint  session,  and  as  such  entitled  to  vote  and  participate  in 
the  control  and  management  of  said  high  school,  and  there  is  hereby 
conferred  upon  each  board  of  education  all  the  authority  for  the 
establishment  and  maintenance  of  said  joint  high  school  by  contract, 
levy,  issue  of  bonds,  or  otherwise,  that  is  conferred  upon  a  board 
of  education  for  the  establishment  and  maintenance  of  a  high  school 
within  its  district;  the  election  to  be  held  and  the  result  ascertained 
as  provided  in  said  section  thirty  of  chapter  forty-five  of  the  code; 
and  all  of  the  provisions  of  said  section,  so  far  as  the  same  are  ap- 
plicable, are  made  applicable  to  the  establishment  and  maintenance  of 
such  joint  high  school,  except  that  a  majority  of  the  voters  of  each 
district  shall  be  sufficient  to  authorize  the  establishment  of  such  high 
school.  In  the  event  that  one  or  more  of  the  districts  uniting  to 
establish  such  high  school  shall  be  in  different  counties,  the  county 
superintendent  of  each  county  shall  be  ex-officio  a  member  of  such 
joint  session,  the  chairman  to  be  selected  by  such  joint  session  and  in 
the  event  of  a  tie  vote  on  any  question  the  State  Superintendent  of 
Schools  shall  have  the  deciding  vote. 

Said  boards  of  education,  in  joint  session  as  herein  provided,  may 
provide  for  the  teaching  of  elementary  pupils  in  such  high  school 
building,  if  the  same  have  sufficient  capacity,  upon  such  terms  for 
the  use  of  the  building  as  they  may  agree  upon. 

High  School  to  be  Discontinued. 

Sec.  31.  Any  district  high  school  shall  be  discontinued  at  the  end 
of  any  year  upon  the  petition  in  writing  of  at  least  seventy-five  per 
cent,  of  the  taxpayers  of  the  district. 

• 

Meetings — Quorum. 

Sec.  32.  The  boards  of  education  of  the  several  districts  may  hold 
their  meetings  on  the  first  Monday  of  each  month  during  the  school 
term  and  at  such  other  times  as  they  may  determine,  but  no  business 
shall  be  transacted  at  a  special  meeting  except  such  as  may  be  desig- 
nated in  the  call  therefor  of  which  all  the  members  have  notice.  A 


SCHOOL  LAW  OF  WEST  VIBGINIA.  29 

quorum  of  the  board  shall  consist  of  a  majority  of  the  members 
thereof,  and  they  shall  do  no  official  business  except  when  assembled 
as  a  board. 

Compensation. 

Sec.  33.  The  members  of  the  board  of  education  of  each  district 
shall  each  receive  as  compensation  for  their  services  the  sum  of  two 
dollars  per  day  to  be  paid  out  of  the  building  fund  of  the  district 
on  the  order  of  the  county  superintendent:  provided  that  no  com- 
missioner shall  receive  pay  for  more  than  ten  days,  and  no  president 
for  more  than  fifteen  days  in  one  year,  one  day  of  which  shall  be 
spent  by  each  of  them  in  attending  a  county  teachers'  institute  held 
in  his  county. 

Kindergartens. 

Sec.  34.  The  board  of  education  of  any  district  or  independent 
district  in  which  there  is  a  city,  town  or  village,  of  one  thousand 
population  or  mone,  may  establish  in  connection  with  the  schools  of 
such  district  a  kindergarten,  to  which  may  be  admitted  children 
between  the  ages  of  four  and  six  years,  under  such  regulations  as  may 
be  prescribed  by  law  for  the  admission  of  youth  to  the  other  schools- 
of  such  district. 

No  person  may  be  employed  as  a  teacher  in  such  kindergarten 
unless  she  holds  a  diploma  from  a  kindergarten  college,  or,  in  addition 
to  holding  such  a  certificate  as  is  required  of  other  persons  employed 
as  teachers  in  the  schools  of  this  state,  be  duly  examined  in  kinder- 
garten methods  and  theories,  in  such  manner  as  the  board  of  educa- 
tion may  prescribe. 

Free  Text  Books. 

Sec.  35.  The  board  of  education  of  any  district  or  independent 
district  may  purchase  the  necessary  text-books  prescribed  to  be  used 
in  the  free  schools  under  their  control  and  furnish  the  same  free  to 
the  pupils  of  said  schools.  If  the  board  of  education  determines  to 
purchase  and  furnish  such  free  text-books,  they  shall  enter  an  order 
to  that  effect  upon  the  records,  and  shall  cause  said  books  to  be  pur- 
chased and  kept  in  charge  by  the  secretary  and  furnished  to  the 
pupils  of  the  free  schools  of  their  district  as  hereinafter  provided. 

Teachers  to  Distribute. 
Sec.  36.     At  the  commencement  of  every  term  of  the  free  schools- 


30  SCHOOL  LAW  or  WEST  VIRGINIA. 

in  such  district  the  secretary  shall  deliver  to  the  teachers  thereof 
such  books  as  may  be  necessary  for  the  use  of  the  several  pupils 
therein  for  the  ensuing  term  of  school  and  take  from  them  receipts 
showing  the  number  and  kind  of  books  so  received.  It  shall  be  the 
duty  of  such  teachers  to  take  charge  of  such  books  and  to  distribute 
them  among  the  pupils  of  their  schools  as  needed,  and  said  teachers 
shall  have  and  exercise  general  control  over  said  books  during  such 
term  and  at  the  close  thereof  and  before  they  receive  an  order  for 
salary  for  the  last  month  of  such  term  shall  collect  and  gather  to- 
gether all  the  books  so  used  during  the  term  and  deliver  them  to  the 
secretary  of  the  board  of  education:  provided,  that  if  any  of  the 
books  delivered  to  any  pupil  of  such  district  shall  be  unnecessarily 
injured  or  destroyed  they  shall  be  replaced  by  the  pupil  who  injured 
or  destroyed  them.  All  such  books  shall  be  purchased  by  the  board 
of  education  directly  from  the  publisher,  contracted  with  as  pre- 
scribed by  law  and  at  the  net  wholesale  price. 

Books  for  School  Libraries. 

Sec.  37.  The  board  of  education  of  any  district  may  purchase 
books  for  school  libraries.  But  not  more  than  ten  dollars  shall  be 
expended  in  any  year  for  this  purpose  for  any  school,  and  books  so 
purchased  must  be  selected  from  the  list  and  in  the  order,  and  of 
the  edition  recommended  by  the  state  superintendent  of  free  schools. 

Librarian. 

Sec.  38.  The  trustees  of  any  sub-district  where  there  is  a  school 
library  containing  two  hundred  volumes  may  upon  the  petition  in 
writing  of  at  least  half  of  the  taxpayers  of  the  sub-district  employ  a 
responsible  person  to  care  for  such  school  library  during  the  time 
school  is  not  in  session  and  to  open  the  said  library  for  part  of  one 
day  in  each  week  at  which  time  the  patrons  and  pupils  of  such  sub- 
district  may  draw  out  books  under  such  rules  and  regulations  for 
the  care  and  return  thereof  as  the  said  trustees  may  prescribe.  For 
his  services  the  said  librarian  shall  be  paid  five  dollars  per  year,  out 
of  the  building  fund,  by  order  of  the  board  of  education. 

Bonds — Election. 

Sec.  39.  In  any  district  or  independent  district,  the  board  of 
education  may  borrow  money  and  issue  bonds  therefor  for  the  purpose 


SCHOOL  LAW  OF  WEST  VIKGINIA.  31 

of  building,  completing,  enlarging,  repairing  or  furnishing  school 
houses  in  such  district  or  independent  district.  Said  bonds  shall 
be  payable  in  not  less  than  ten  nor  more  than  thirty-four  years  from 
their  date  and  the  rate  of  interest  thereon  shall  not  exceed  six  per 
centum  per  annum;  provided,  that  no  debt  shall  be  contracted  under 
this  section  which  shall,  including  existing  indebtedness,  in  the 
aggregate,  exceed  two  and  one-half  per  centum  of  the  value  of  the 
taxable  property  in  said  district,  to  be  ascertained  by  the  last  assess- 
ment for  state  and  county  taxes  previous  to  the  incurring  of  such 
indebtedness,  nor  without  at  the  same  time  providing  for  the  collec- 
tion of  a  direct  annual  tax  sufficient  to  pay  annually  the  interest  on 
said  debt,  and  the  principal  thereof,  within  and  not  exceeding  thirty- 
four  years;  and  provided,  further,  that  no  debt  shall  be  contracted 
under  this  section  unless  all  questions  connected  with  the  same  have 
been  first  submitted  to  a  vote  of  the  people  of  said  district  or  inde- 
pendent district  at  a  special  or  general  election,  and  have  received 
three-fifths  of  all  the  votes  cast  for  and  against  the  same. 

THE  GENERAL  SCHOOL  FUND. 

How  Constituted — How  Apportioned. 

Sec.  40.  The  proceeds  of  the  capitation  tax,  the  income  of  the 
school  fund,  the  net  proceeds  of  all  forfeitures  and  fines  which  accrue 
to  the  state  during  the  previous  year  and  all  money  arising  from  the 
sources  named  in  section  four  of  article  twelve  of  the  constitution 
heretofore  going  to  the  "school  fund,"  but  as  now  amended  going 
to  "the  general  school  fund,"  and  all  funds  from  any  sources  paid 
into  the  treasury  for  school  purposes  and  not  otherwise  appropriated, 
shall  be  set  apart  for  the  support  of  free  schools,  as  a  separate  fund  to 
be  called  ."the  general  school  fund"  and  shall  be  annually  apportioned 
and  distributed  to  the  several  counties  of  the  state  in  proportion  to 
the  number  of  youth  of  school  age  according  to  the  latest  enumeration 
for  school  purposes,  to  be  applied  to  the  support  of  free  schools 
throughout  the  state,  and  to  no  other  purpose  whatever,  except  that 
the  auditor  shall  in  ascertaining  the  amount  to  be  apportioned  and 
distributed  to  the  several  counties  first  deduct  the  aggregate  salary 
of  the  state  superintendent  of  free  schools,  his  necessary  traveling 
expenses  not  to  exceed  five  hundred  dollars,  the  contingent  expenses 
of  his  office,  the  salaries  of  the  county  superintendents,  the  supple- 
mentary fund  provided  for  in  section  twenty-one  and  other  expend- 
itures required  by  law  to  be  paid  out  of  the  general  school  fund: 


32  SCHOOL  LAW  OF  WEST  VIRGINIA. 

provided,  that  if.  the  amount  of  the  general  school  fund  in  any  year 
is  less  than  seven  hundred  and  fifty  thousand  dollars  the  board  of 
public  works  shall  transfer  thereto  from  the  state  fund  an  amount 
necessary  to  make  the  general  school-  fund  at  least  seven  hundred  and 
fifty  thousand  dollars;  and  if  in  the  judgment  of  said  board  the 
condition  of  the  state  fund  will  justify  it,  such  transfer  may  be 
sufficient  to  make  the  general  school  fund  one  million  dollars. 

Auditor  to  Report. 

Sec.  41.  It  shall  be  the  duty  of  the  auditor,  on  or  before  the 
twentieth  day  of  July  in  each  year,  to  ascertain  the  amount  of  the 
general  school  fund  which  is  distributable  among  the  several  counties 
as  aforesaid,  and  notify  the  state  superintendent  of  free  schools 
thereof,  who  shall  thereupon  ascertain  the  proper  share  of  each 
county  and  notify  the  auditor  and  each  county  superintendent  of 
said  apportionment. 

Apportionment  of  General  School  Fund. 

Sec.  42.  Upon  receiving  such  notice,  the  county  superintendent 
shall  ascertain  the  proper  share  of  each  district,  and  independent 
school  district,  of  his  county,  according  to  the  number  of  youth 
enumerated  therein,  and  give  notice  to  the  board  of  education  of 
each  district,  and  independent  school  district,  in  the  county,  of  the 
amount  of  the  general  school  fund  due  each  respectively,  and  that 
the  same  cannot  be  drawn  by  them  until  they  have  made  the  levy 
required  by  section  twenty-one  of  this  chapter. 

Requisition  for  the  General  School  Fund. 

Sec.  43.  When  the  board  of  education  has  laid  the  levy  for  the 
teachers'  fund  the  county  superintendent  shall  issue  his  requisition 
on  the  auditor,  payable  to  the  order  of  the  sheriff'  of  his  county,  for 
the  amount  due,  which  shall  be  paid  in  two  equal  installments,  pay- 
able on  the  fifteenth  of  September  and  December,  respectively. 

Delinquent  Lists. 

Sec.  44.  The  delinquent  lists  for  the  county  and  district  school 
levies  shall  be  returned  and  all  other  proceedings  had  in  relation 
thereto  as  provided  by  law  for  other  delinquent  taxes. 


SCHOOL  LAW  or  WEST  VIRGINIA.  35 

SECRETARY  OF  BOARD  OF  EDUCATION. 

Duties. 


Sec.  45.  The  board  of  education  at  their  first  meeting, 
shall  be  held  on  the  first  Monday  in  July  of  each  year,  shall  appoint 
a  secretary  who  shall  not  be  a  member  of  the  board,  and  who  shall,. 
before  entering  upon  the  discharge  of  his  duties,  take  the  oath  pre- 
scribed by  law,  and  shall  attend  all  meetings  of  the  board,  and  record 
their  official  proceedings  in  a  book  kept  for  that  purpose,  showing 
the  number  of  each  order  issued,  the  name  of  the  payee,  the  purpose* 
for  which  issued,  and  the  amount  thereof  which  record  shall  be 
attested  by  his  signature  and  the  signature  of  the  president  of  the 
board,  and  which  shall  at  all  reasonable  times  be  open  to  the  inspec- 
tion of  any  person  interested  therein.  He  shall  have  the  care  a»<8 
custody  of  all  papers  belonging  to  the  board,  including  evidences  off 
title,  contracts  and  obligations,  and  preserve  the  same  in  his  office* 
properly  arranged  for  reference;  and  shall  record  and  keep  on  fflfe 
in  his  office  such  papers  and  documents  pertaining  to  the  business 
of  the  board,  and  keep  such  accounts  and  prepare  and  certify  such 
reports  and  writings,  as  the  law  may  require  or  the  board  direct,  all 
of  which  records,  papers,  contracts,  documents  and  other  property 
pertaining  to  his  office  shall  be  immediately  delivered  in  proper  condi- 
tion to  his  successor  in  office.  Whenever  any  orders  are  drawn  on.< 
the  sheriff  or  school  treasurer  the  secretary  shall  immediately  make 
up  a  list  of  said  orders,  showing  the  number  of  the  order,  name  of 
payee  and  amount,  which  list  together  with  said  orders  shall  be 
delivered  to  the  county  financial  secretary  for  his  signature  and 
proper  record.  Said  orders  shall  then  be  delivered  by  the  county. 
financial  secretary  to  the  persons  entitled  to  the  same.  .... 
k  •  ' 

Abstract  of  Proceedings. 

Sec.  46.     The  secretary  of  the  board  of  education  of  each  district 
shall,  within  three  days  after  each  meeting  of  the  board  of  education, 
post  an  abstract  of  the  proceedings  thereof  at  the  front  door  of  the 
place  of  meeting,  and  within  ten  days  after  the  annual  settlement 
with  the  sheriff  the  secretary  of  the  board  of  education  of  each  district  - 
and  independent  district  shall  post  at  the  same  place  an  itemized5 
statement,  duly  sworn  to  by  the  president  and  the  secretary  of  said' 
board,  showing  all  disbursements  by  said  president  and  secretary  by 
orders  on  the  sheriff,  or  otherwise,  within  the  school  year  last  pre- 


34  SCHOOL  LAW  OF  WEST  VIRGINIA. 

ceding,  from  the  teachers'  fund,  the  building  fund,  and  any  other 
fund  from  which  disbursements  are  made,  setting  forth  the  name  of 
ithe  person  to  whom  and  the  purpose  for  which  each  order  was  issued. 

Administer   Oaths. 

Sec.  47.  The  secretary  shall  have  authority  to  administer  oaths 
io  school  officers  and  to  teachers  or  others  reporting  enumeration. 

*  Assessor's  Certificate. 

'  Sec.  48.  The  assessor  shall  make  out  and  deliver  to  the  secretary 
of  the  board  of  education  of  each  district  and  independent  district 
in  his  county  on  or  before  the  second  Tuesday  in  August  in  each 
year,  a  certificate  showing  the  aggregate  value  of  all  personal  property 
and  real  estate  in  such  district  or  independent  district,  and  to  the 
county  superintendent  of  free  schools  a  certificate  of  the  aggregate 
value  of  such  property  in  the  county,  which  certificates  shall  serve  as 
the  basis  for  the  school  levies  for  the  ensuing  year. 

Report  Rate  of  Levy. 

Sec.  49.  Within  three  days  after  the  board  of  education  has  laid 
the  levy  for  the  building  fund  and  the  teachers'  fund,  it  shall  be  the 
duty  of  the  secretary  to  report  the  rate  thereof  to  the  county  super- 
intendent and  the  proper  assessor,  and  within  three  days  thereafter 
it  shall  be  the  duty  of  the  county  superintendent  to  report  the  rate 
of  levy  for  the  various  funds  to  the  clerk  of  the  county  court  and  the 
assessor  and  the  rate  of  levy  for  all  funds,  and  the  total  value  of  real 
and  personal  property  in  each  district  and  independent  district  to 
the  state  superintendent  and  the  auditor;  and  it  shall  thereupon  be 
the  duty  of  the  proper  county  officer  to  extend  on  the  personal 
property  book  and  on  the  land  book  the  amount  of  taxes  levied  as 
aforesaid,  in  separate  columns,  headed  respectively  teachers'  fund, 
and  building  fund,  which  taxes  the  sheriff  shall  collect  and  account 
for  as  required  by  law. 

Penalty. 

Sec.  50.  Any  assessor,  clerk  of  the  county  court,  secretary  of  a 
board  of  education,  or  county  superintendent  who  fails  to  perform 
the  duties  required  of  him  by  sections  forty-eight  and  forty-nine  of 
this  chapter,  shall  be  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  be  fined  twenty  dollars. 


SCHOOL  LAW  OF  WEST  VIRGINIA.  35 

Report. 

Sec.  51.  From  the  reports  of  trustees,  the  teachers'  registers, 
the  annual  settlement  with  the  sheriff,  and  from  such  other  authentic 
information  as  he  may  be  able  to  obtain,  the  secretary  shall  make 
a  tabular  report  to  the  county  superintendent  on  or  before  the 
twentieth  day  of  July  annually,  showing  all  the  statistics  and  other 
facts  required  in  the  blanks  furnished  by  the  state  superintendent, 
with  such  explanations  and  remarks  as  he  may  deem  pertinent. 

Salary. 

Sec.  52.  The  secretary  of  the  board  of  education  of  each  district 
shall  receive  for  his  services  in  districts  with  fewer  than  fifteen  schools 
twenty  dollars;  and  in  districts  with  fifteen  and  fewer  than  twenty- 
fire  schools,  thirty-five  dollars,  and  in  districts  with  more  than  twenty- 
five  schools,  fifty  dollars.  In  addition  thereto  he  shall  receive  the 
sum  of  ten  dollars  for  the  report  required  in  section  fifty-one,  both 
amounts  to  be  paid  out  of  the  building  fund  of  his  district  on  the 
order  of  the  county  superintendent  of  free  schools;  but  said  order 
shall  not  be  issued  until  the  secretary  has  made  a  correct  and  complete 
report  within  the  time  required  by  law. 

TRUSTEES. 

Appointment — Term — Oath. 

Sec.  53.  The  board  of  education  shall  at  the  first  meeting  to  be 
held  on  the  first  Monday  of  July,  nineteen  hundred  and  eight, 
appoint  three  intelligent  and  discreet  persons  trustees  for  each  sub- 
district  in  their  district,  who  shall  hold  their  office,  one  for  one  year, 
•one  for  two  years,  and  one  for  three  years  respectively;  and  annually 
thereafter  appoint  one  trustee  for  said  sub-district  who  shall  hold 
his  office  for  a  term  of  three  years,  and  every  trustee  so  appointed 
under  this  section  shall  be  immediately  notified  of  his  appointment, 
and  shall  within  ten  days  after  receiving  such  notification,  qualify 
as  such  by  taking  and  subscribing  to  the  oath  of  office  prescribed 
by  law. 

Quorum. 
Sec.  53%.     No  one  trustee  shall,  by  himself,  have  any  power  to 


36  SCHOOL  LAW  OF  WEST  VIRGINIA. 

perform  any  duty  required  by  law  of  the  trustees,  who  shall  meet  at 
a  time  and  place  fixed  by  two  of  their  number,  the  other  having  had 
reasonable  notice  of  such  meeting,  and  two  of  the  trustees  shall 
constitute  a  quorum,  and  they  shall  keep  a  record  of  their  acts  and 
proceedings  in  a  book  to  be  furnished  them  by  the  board  of  educa- 
tion for  that  purpose,  such  book  to  be  turned  over  by  them  to  their 
successors  in  office. 

May  l>e  Removed. 

Sec.  54.  Any  trustee  may,  for  good  cause  shown,  be  removed 
from  office  by  the  board  of  education  upon  five  days'  notice  in  writing, 
of  the  cause  alleged  for  his  removal,  and  of  the  time  and  place  the 
board  will  take  action  thereon. 

Vacancy  in  Office. 

Sec.  55.  Vacancies  in  the  office  of  school  trustee  shall  be  filled  by 
the  board  of  education  for  the  unexpired  term. 

Appoint  Teachers. 

Sec.  56.  The  trustees  of  every  sub-district  shall  have  charge  of 
the  schools  therein  and  shall  on  the  third  Monday  in  July  of  every 
year,  or  as  soon  thereafter  as  practicable,  appoint  at  the  school 
house  of  their  sub-district,  a  teacher  or  teachers,  for  the  ensuing 
term  of  such  school,  who  shall  hold  a  valid  teachers'  certificate,  and 
such  appointment  shall  be  in  writing  according  to  the  form  of  con- 
tract furnished  by  the  state  superintendent  of  free  schools,  which 
contract  shall  be  at  the  rate  fixed  for  the  grade  of  certificate  held  by 
such  teacher  and  shall  be  filed  with  the  secretary  of  the  board 
before  the  beginning  of  the  term  for  which  the  teacher  is  employed. 

Certificate  Filed. 

Sec.  57.  No  person  shall  be  employed  to  teach  in  a  free  school  of 
this  state  until  he  has  presented  to  the  board  of  education  having 
charge  thereof,  a  valid  teacher's  certificate  which  shall  be  filed  until 
the  close  of  the  school  term  with  the  secretary  of  the  board  of  educa- 
tion of  the  district  wherein  said  school  is  situated,  and  so  endorsed  by 
the  secretary,  and  no  salary  shall  be  paid  to  any  teacher  unless  such 
certificate  be  so  filed. 


SCHOOL  LAW  OF  WEST  VIRGINIA.  37 

Appointment  of  Certain  Persons  Prohibited — Removal  of  Teachers. 

Sec.  58.  No  trustee  shall  contract  with  or  appoint  as  teacher  of 
his  school  himself,  his  wife,  father,  son,  son-in-law,  grandson,  brother, 
brother-in-law,  daughter,  daughter-in-law,  granddaughter,  sister, 
sister-in-law,  aunt,  uncle,  niece,  nephew,  or  first  cousin  by  blood. 
If  any  trustees  appoint  any  person  so  related  to  any  two  of  the 
trustees  as  teacher  of  their  school,  the  board  of  education  may  declare 
such  contract  void.  Any  teacher  may  be  removed  by  the  board  of 
education  for  incompetency,  neglect  of  duty,  intemperance,  profanity, 
cruelty  or  immorality,  and  any  teacher  so  removed  shall  not  receive 
.any  salary  for  the  unexpired  term. 

Holidays. 

*  Sec.  59.  In  contracts  with  teachers  it  shall  be  understood  that 
school  is  not  to  be  kept  in  operation  for  instruction  on  Saturday  or 
any  holida}r,  but  if  a  holiday  fall  upon  a  day  which  otherwise  would 
be  a  school  day,  and  on  a  day  immediately  preceding  or  immediately 
following  a  day  on  which  school  is  taught,  it  shall  be  counted  as 
though  taught. 

"Visit  Schools. 

Sec.  60.  The  trustees  shall  visit  every  school  under  their  charge 
within  two  weeks  after  the  opening,  and  again  within  two  weeks 
before  the  close  thereof,  and  at  such  other  times  as  it  may  be  neces- 
sary or  useful.  During  such  visits  they  shall  inspect  the  register  of 
the  teacher  and  see  whether  it  has  been  properly  kept,  and  ascertain 
whether  the  pupils  are  supplied  with  books  and  other  things  required 
for  their  studies;  whether  the  school  house  and  grounds,  closets,  and 
•other  outbuildings,  furniture,  apparatus  and  library  are  kept  in  good 
order;  whether  anything  injurious  to  health  is  suffered  to  remain 
.about  the  house  or  grounds;  and  whether  the  school  house  is  well 
ventilated  and  kept  clean  and  comfortable;  and  where  necessary  they 
shall  provide  and  promptly  apply  the  proper  remedy.  They  shall 
^also,  during  such  visits  make  such  examination  as  they  may  deem 
pertinent  respecting  the  studies,  discipline  and  general  condition  of 
the  school  and  the  conduct  and  proficiency  of  the  pupils,  and  give 
such  directions  or  make  such  suggestions  to  the  teacher,  as,  in  their 
•opinion,  will  promote  the  interests  of  the  school,  and  the  health, 
morals  and  progress  of  the  pupils. 

*NOTE  :      See  Appendix  A  for  further  provisions   relating   to   holidays. 


38  SCHOOL  LAW  or  WEST  VIRGINIA. 

Purchase  of  Supplies. 

Sec.  61.  The  trustees  shall  cause  the  school  house  under  their 
charge  and  everything  pertaining  thereto  to  be  kept  in  good  order, 
and  to  this  end  may  purchase  fuel,  water-buckets,  brooms,  coal-hods, 
shovels,  pokers,  stove-pipe,  crayons,  erasers,  dippers  and  wash-basin& 
for  use  in  the  school  room,  and  make  such  repairs  to  windows,  doors^ 
benches,  desks,  floors,  walls,  ceilings  and  roofs  as  may  be  necessary 
to  make  the  house  comfortable.  The  trustees  shall  also  see  that  the 
school  house  is  swept  and  that  fires,  when  necessary,  are  made  and 
kept  therein  by  the  teacher,  if  the  teacher  so  desire,  for  which  sweep- 
ing and  fire  building  the  teacher  or  other  person  doing  the  work 
shall  be  allowed  fifty  cents  per  week,  payable  at  the  end  of  the  term 
upon  a  proper  certificate  from  the  trustees,  out  of  the  building  fund 
of  the  district. 

May  Allow  School  Houses  Used. 

Sec.  62.  The  trustees  may  allow  the  school  house  in  their  charge- 
to  be  used  for  holding  religious,  political,  or  literary  meetings  and 
Sunday  school  and  such  other  meetings  as  may  be  considered  bene- 
ficial to  the  public  generally,  under  such  regulations  for  the  care  and 
cleaning  thereof  as  they  may  prescribe:  provided,  that  such  meeting 
shall  not  interfere  with  the  public  schools. 

Make  Estimates  of  Improvements. 

Sec.  63.  The  trustees  shall  furnish  the  board  of  education  at  the 
end  of  the  school  year  estimates  of  all  improvements  and  repairs 
necessary  for  the  preservation  of  buildings,  grounds  and  furniture 
under  their  charge ;  also"  a  report  of  the  condition  of  the  school  house, 
and  the  value  and  kind  of  apparatus,  the  number  of  volumes  in  the 
school  library  and  their  value,  with  such  explanations  and  additional 
information  as  they  may  deem  useful,  or  as  the  blanks  furnished  by 
the  state  superintendent  may  require. 

Report  of  Expenses. 

Sec.  64.  The  trustees  shall  keep  an  exact  account  by  items  of  all 
necessary  expenses  incurred  by  them  in  the  performance  of  their 
duties,  which  they  shall  file  with  the  secretary  of  the  board  of -educa- 
tion at  or  before  the  last  meeting  for  the  current  school  year.  If  the 


SCHOOL  LAW  or  WEST  VIKGINIA.  39 

board  find  the  account  correct,  they  shall  pay  the  various  items  thereof, 
out  of  the  building  fund  of  the  district  by  orders  on  the  sheriff,  but 

if  found  incorrect,  the  secretary  shall  return  it  for  correction. 

• 

Under  Supervision  of  Board  of  Education. 

Sec.  65.  The  trustees  of  each  sub-district  shall  be  under  the  super- 
vision and  control  of  the  board  of  education,  and  in  all  cases  their 
actions  shall  be  subject  to  revision  and  correction  by  the  board  of 
education,  upon  the  complaint  in  writing  of  any  three  taxpayers  of 
the  sub-district. 

Transfer  of  Pupils — Tuition. 

Sec.  66.  Whenever  any  person  authorized  to  attend  school  is  so- 
situated  as  to  be  better  accommodated  at  the  free  school  of  an  adjoining 
sub-district  or  independent  district,  whether  in  the  same  or  in  an 
adjoining  district  or  county,  or  whenever  it  may  be  necessary  to 
establish  a  school  composed  of  pupils  from  parts  of  two  or  more  sub- 
districts  in  adjoining  districts,  whether  in  the  same  or  different  coun- 
ties, it  shall  be  the  duty  of  the  trustees  of  the  sub-district  in  which 
such  pupil  lives  to  transfer  him  for  school  purposes  to  the  sub-district 
in  which  such  school  house  is  situated  for  the  same  period  that  the 
schools  of  the  district  from  which  the  transfer  is  made  are  in  session, 
subject,  however,  to  the  approval  of  the  trustees  of  the  sub-district  or 
the  board  of  education  of  the  independent  district,  to  which  such  pupil 
is  transferred;  but  the  enumeration  of  youth  shall  be  taken  in  each 
sub-district  as  if  no  transfer  had  been  made. 

Divide  Expenses. 

Sec.  67.  But  in  all  cases  of  transfer  of  pupils  from  one  district 
to  another  the  board  of  education  of  the  district  from  which  the  trans- 
fer is  made  shall  pay  to  the  board  of  education  of  the  district  in  which 
the  school  is  carried  on  such  proportion  of  the  cost  of  teachers  of  said 
school  as  the  pupils  so  transferred  bear  to  the  whole  number  of  pupils- 
taught  in  such  school. 

Consolidation  of  Schools. 

Sec.  68.  Boards  of  education  shall  have  authority  to  consolidate 
two  or  more  sub-districts  into  a  single  sub-district,  and  where  practice- 


40  SCHOOL  LAW  OF  WEST  VIRGINIA. 

ble  establish  a  graded  or  consolidated  school  therein,  and  if  necessary 
provide  for  the  transportation  of  pupils  to  and  from  such  school  at 
public  expense ;  provided,  that  no  sub-district  whose  school  during  the 
last  preceding  school  year  maintained  an  average  daily  attendance  of 
twelve  or  more,  shall  be  consolidated  with  another  sub -district  except 
with  the  written  consent  of  at  least  a  majority  of  the  voters  of  the 
sub-district  affected. 

Contracts  for  the  transportation  of  pupils  shall  be  let  to  the  lowest 
-responsible  bidder,  and  all  expenses  shall  be  paid  out  of  the  building 
-fund  of  the  district,  under  such  rules  and  regulations  as  the  board 
*of  education  may  prescribe. 

Who  May  Attend  School. 

"Sec.  69.  The  following  persons  when  residing  in  a  sub-district  or 
independent  district  with  intent  to  make  such  district  their  home, 
•shall  have  the  right  to  attend  the  free  schools  thereof,  and  to  receive 
'instruction  therein;  that  is  to  say,  every  youth  between  the  age  of 
six  and  twenty-one  years,  and  any  other  person,  with  the  consent  of 
'the  trustees  or  the  board  of  education,  as  the  case  may  be,  and  upon 
the  payment  of  tuition  fees  not  to  exceed  two  dollars  and  fifty  cents 
sper  pupil  per  month,  and  upon  such  other  terms  as  the  trustees  or  the 
board  of  education  may  prescribe.  Said  tuition  fees  shall  be  paid  in 
advance  to  the  sheriff,  who  shall  give  his  receipt  therefor  and  place  the 
amount  to  the  credit  of  the  teachers'  fund  of  said  district. 

Colored  Pupils. 

Sec.  70.  White  and  colored  pupils  shall  not  be  taught  in  the  same 
school,  or  the  same  building,  but  it  shall  be  the  duty  of  the  board  of 
-education  to  establish  one  free  school,  or  more  if  necessary,  in  any 
sub-distric.t  wherein  there  are  ten  or  more  colored  persons  of  school 
age  and,  if  possible,  in  any  district  wherein  there  are  fewer  than  ten. 
For  the  purpose  of  carrying  out  this  section  the  board  of  education 
may  establish  schools  composed  of  pupils  from 'adjacent  districts  in 
'the  manner  provided  in  section  eighteen  for  white  pupils. 

Division  of  Funds — Mandamus. 

'Sec.  71.     Whenever,  in  any  school  district,  the  benefit  of  a  free 
^school  education  is  not  secured  to  the  colored  children  residing  therein 


SCHOOL  LAW  OF  WEST  VIRGINIA.  41 

in  the  manner  mentioned  in  the  preceding  section,,  the  fund  applica- 
ble to  the  support  of  free  schools  in  such  district  shall  be  divided  by 
the  board  of  education  in  the  proportion  which  the  number  of  colored 
children  bear  to  the  number  of  white  children  therein,  a -..'cording  to 
the  last  enumeration  made  for  school  purposes,  and  the  share  of  the 
former  shall  be  set  apart  for  the  education  of  colored  persons  of  school 
age  in  such  district,  and  be  applied  for  that  purpose  from  time  to 
time  in  such  way  as  the  board  of  education  may  deem  best.  Any 
board  of  education  failing  to  comply  with  this  section  may  be  com- 
pelled to  do  so  by  mandamus. 

COMPULSOKY  ATTENDANCE. 

Age — Time — Misdemeanor. 

Sec.  72.  Every  person  having  under  his  control  a  child  between 
the  age  of  eight  and  fifteen  years  shall  cause  such  child  to  attend 
some  free  school  for  a  period  of  twenty-four  weeks,  yearly,  beginning 
with  the  opening  of  the  school  term.  For  every  neglect  of  such  duty, 
the  person  offending  shall  be  guilty  of  a  misdemeanor,  and  shall  upon 
conviction  thereof,  before  any  justice,  who  is  hereby  authorized  to  try 
and  determine  such  cases,  be  fined  two  dollars  for  the  first  offense, 
and  five  dollars  for  each  subsequent  offense,  which  fine  shall  be  paid 
into  the  building  fund  of  the  district  in  which  said  offense  occurred. 

An  offense  as  understood  herein  shall  consist  in  the  failure  of  such 
persons  for  two  days  in  any  week  to  cause  such  child  to  attend  school, 
except  in  cases  of  sickness  or  death  in  the  pupil's  family,  or  other 
reasonable  cause,  or  unless  the  pupil  be  thoroughly  and  systematically 
instructed  for  a  like  period  of  time  elsewhere:  provided,  there  be  a 
school  in  session  within  two  miles  of  the  pupil's  home,  by  the  nearest 
traveled  road. 

Truant  Officer. 

Sec.  73.  The  board  of  education  of  every  district  or  independent 
district  at  its  first  annual  meeting,  or  as  soon  thereafter  as  practicable, 
shall  appoint  one  or  more  truant  officers  whose  duty  it  shall  be  to  en- 
force the  provisions  hereof.  Each  officer  so  appointed  shall  use  due  dili- 
gence to  ascertain  any  violation  of  this  law,  and  when  from  personal 
knowledge  or  by  report  or  complaint  from  any  resident  or  teacher  of 
ihe  district  under  his  supervision  he  believes  that  any  child  subject 
to  the  provisions  hereof  has  been  absent  from  school  for  two  days  he 


42  SCHOOL  LAW  'OF  WEST  VIRGINIA. 

shall  immediately  give  written  notice  to  the  parent,  guardian  or  cus- 
todian of  such  child  that  the  attendance  of  such  child  at  school  is 
required,  and  if  such  parent,  guardian  or  custodian  of  said  child  does 
not  comply  with  the  provisions  of  this  section  at  once,  then  such  truant 
officer  shall  make  complaint  against  such  parent,  guardian  or  custo- 
dian before  the  nearest  justice  of  the  peace:  provided,  that  for  subse- 
quent offenses  in  any  one  year  no  such  notice  shall  be  required. 

Employer — Misdemeanor. 

Sec.  74.  Any  person  who  induces  or  attempts  to  induce  any  such 
child  unlawfully  to  absent  himself  from  school,  or  who  harbors  or 
employs  any  such  child  unlawfully  absent  from  school  while  the 
school  in  the  district  in  which  such  child  lives  is  in  session,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  twenty-five  dollars,  and  may  be  imprisoned  ten  days. 

Duty  of  Teachers. 

Sec.  75.  Teachers  in  ungraded  schools  and  principals  and  superin- 
tendents in  graded  and  high  schools  shall  report  to  truant  officers  all 
cases  of  violation  hereof  in  their  sub-districts  or  independent  districts, 
and  shall  furnish  all  reports  and  information  necessary  to  the  proper 
hearing  of  any  case  before  a  justice  of  the  peace  and  all  such  teachers, 
principals  and  superintendents  shall  assist  truant  officers  in  every 
reasonable  way  in  carrying  out  the  provisions  hereof. 

Fines. 

Sec.  76.  All  fines  collected  under  the  four  preceding  sections 
shall  at  once  be  paid  over  by  the  justice  to  the  sheriff,  and  by  him 
credited  to  the  building  fund  of  the  proper  district;  and  every  truant 
officer  shall  make  to  the  secretary  of  the  board  of  education  and  to 
the  sheriff  an  itemized  statement  on  the  last  day  of  each  month  of  all 
fines  imposed  hereunder. 

Compensation  of  Truant  Officers. 

Sec.  77.  Said  truant  officers  shall  be  paid  monthly  at  the  rate  of 
two  dollars  per  day  for  the  time  actually  spent  in  the  discharge  of 
their  duties  as  such  officers,  but  in  no  case  shall  payment  for  any 


SCHOOL  LAW  OF  WEST  VIRGINIA.  43 

month's  services  be  made  until  the  truant  officer  has  filed  with  the 
secretary  of  the  board  of  education  the  statement  required  in  the  pre- 
ceding section,  together  with  a  sworn  statement  of  the  number  of 
truancy  cases  investigated  and  the  time  actually  employed  in  such 
duties.  When  the  truant  officer  has  faithfully  performed  his  duties 
and  filed  the  statement  required,  the  board  of  education,  if  satisfied 
that  the  same  are  just  and  correct,  shall  issue  and  deliver  to  him  an 
order  on  the  sheriff  for  the  amount  of  his  account,  payable  out  of  the 
building  fund  of  the  district. 

MEDICAL  INSPECTION  IN  SCHOOLS. 

Appointment  of  Inspectors. 

Sec.  77-b.  I.  That  the  board  of  education  of  each  independent 
school  district  in  this  state  shall,  and  other  boards  of  education  may, 
within  ninety  days  from  the  passage  hereof,  and  thereafter  on  the  first 
day  of  January  of  each  year,  appoint  one  or  more  legally  qualified 
practicing  physicians  in  said  school  district  to  be  known  as  medical 
inspectors  of  schools,  fix  their  salaries  and  define  their  duties  as  herein- 
after provided,  and  furnish  the  necessary  stationery  and  printing  for 
records  and  reports. 

Examination  of  Pupils  for  Physical  Defects. 

Sec.  77-b.  II.  It  shall  be  the  duty  of  the  medical  inspector  of  schools 
to  separately  and  carefully  test  each  pupil  in  his  school  once  during 
each  school  year  to  ascertain  if  the  pupil  is  suffering  from  any  defect 
or  disability  that  would  prevent  the  pupil  receiving  the  full  benefit  of 
the  school  work,  or  if  some  modification  of  the  school  work  should  be 
made  that  the  pupil  might  receive  the  best  educational  results. 

Examination  of  Pupils  for  Infectious  or  Contagious  Diseases. 

Sec.  77-b.  III.  The  medical  inspector  shall  also,  at  the  request  of 
the  superintendent  of  the  school,  carefully  examine  any  pupil  for  evi- 
dence of  infectious  or  contagious  disease  or  any  other  condition  which 
might  prove  harmful  to  other  pupils.  Whenever  any  pupil  shows 
symptoms  of  smallpox,  chickenpox,  measles,  scarlet  fever,  tuberculosis, 
diphtheria,  influenza,  whooping  cough,  tonsilitis,  mumps,  scabies, 
syphilis  and  other  venereal  diseases,  trachoma,  or  any  other  contagious 
disease,  the  pupil  must  be  sent  home  and  the  boards  of  health  and 


44  SCHOOL  LAW  OF  WEST  VIRGINIA. 

education  notified  in  writing  by  the  medical  inspector  of  schools. 
Any  pupil  with  any  of  the  said  diseases  shall  not  attend  school. 

Examination  of  Pupils  Absent  Fve  Days. 

Sec.  77-b.  IV.  The  medical  inspector  of  schools  also  shall  carefully 
examine  each  pupil  who  has  been  absent  from  school  for  five  consecutive 
days  for  contagious  or  infectious  disease,  unless  the  pupil  shall  present 
to  the  superintendent  of  the  school  a  written  or  printed  statement,  in 
the  form  hereinafter  given,  showing  that  the  pupil  and  the  house 
from  which  the  pupil  comes  is  free  from  infectious  or  contagious  dis- 
ease, signed  by  the  attending  physician  and  endorsed  by  the  medical 
inspector  of  schools. 

Investigations — Teacher  Nurses. 

Sec.  77-b.  V.  The  medical  inspector  of  schools  shall  also,  when 
requested  by  the  board  of  education,  conduct  investigations,  furnish 
information  and  advice  and  assist  to  formulate  rules  of  procedure  on 
matters  pertaining  to  the  lighting,  heating,  ventilating  and  sanitation 
of  the  school  building;  the  hours  of  study,  recesses,  exercises  and  any 
other  matters  pertaining  to  the  health,  vitality  and  development  of  the 
pupils.  And,  if  deemed  necessary,  the  board. of  education  may  employ 
a  teacher  nurse  to  investigate  the  sanitary  conditions  of  the  pupil  and 
home. 

Records — Inspection  Cards. 

Sec.  77-b.  VI.  The  medical  inspector  shall  also  keep  an  accurate  and 
complete  record  of  each  pupil  tested  and  examined  in  thy  following 
form: 

Date ,   191... 

Pupil   Age 

Grade   School   

Parent  or  guardian .*' 

Heart 

Lungs 

Eyes 

Ears    , .  > 

Throat 

Teeth 

Contagious  or  Infectious  Disease 


SCHOOL  LAW  OF  WEST  YIBGINIA.  45 


Skin   Disease 
Special  Note 


Recommendation  

Signed ...........  M.  D. 

Medical  Inspector  of School. 

And  when  any  condition  is  found,  which,  in  the  opinion  of  the  medi- 
cal inspector,  would  prevent  the  pupil  receiving  the  full  benefit  of  the 
school  work  or  would  be  a  symptom  of  infectious  or  contagious  disease, 
the  medical  inspector  shall  notify  the  parent  or  guardian  and  the 
superintendent  of  the  school  attended,  using  the  following  form: 

191... 

The  parent  or  guardian  of 

attending    

School  is  hereby  notified  that  examination  of  this  pupil  shows  ab- 
normal condition  of 

Take  the  pupil  to  your  family  physician  for  treatment  and  advice 
and  take  this  card  with  you. 

,  M.  D. 

Medical  Inspector School. 

And  on  the  reverse  side  shall  be  printed: 

I  have  this  day  examined 

of  the Grade School 

and  find  the  following  condition 

and  have  advised  as  follows. . 


Signed. ,  M.  D. 

Dated Physician. 

The  physician  signing  will  return  card  to  the  pupil  who  will  return 
it  to  the  superintendent  of  the  school  attended. 

And  when  any  pupil  shall  have  been  absent  from  school  for  five 
consecutive  days,  statement  must  be  made  to  the  superintendent  of  the 
school  attended  in  the  following  form: 


46  SCHOOL  LAW  OF  WEST  VIEGINIA. 

Dated 191... 

I  have  this  day  examined 

of  the School, 

and  find  this  pupil  and  the  house  from  which  the  pupil  comes  to  be 
free  from  infectious  or  contagious  disease. 

Signed ,  M.  D. 

Approved : M.  D. 

Medical  Inspector School. 

CURRICULUM. 
Subjects  Taught. 

Sec.  78.  In  the  free  schools  of  this  state  there  shall  be  taught  read- 
ing, orthography,  penmanship,  arithmetic,  English  grammar  and  lan- 
guage, United  States  and  West  Virginia  history,  general  and  West 
Virginia  geography,  civil  government,  agriculture,  physiology  and 
hygiene,  and  in  connection  therewith  the  nature  of  alcoholic 
drinks  and  narcotics,  with  special  instruction  as  to  their  effect  upon 
the  human  system ;  and  in  addition  thereto  in  high  schools,  such  other 
subjects  as  may  be  required  in  the  course  of  study  prescribed  by  the 
state  board  of  education;  provided,  that  the  board  of  education  of  any 
district  or  independent  district  or  any  county  high  school  board  may 
establish  in  the  elementary  or  high  schools  under  their  control,  schools, 
departments,  or  classes  for  the  teaching  of  manual  training,  home 
economics,,  agriculture,  commercial  subjects  and  such  other  industrial 
and  vocational  subjects  as  they  may  determine,  and  maintain  the  same 
from  the  school  funds  of  their  district  or  county.  Said  board  of  educa- 
tion or  county  high  school  board  may,  at  their  discretion,  provide  for 
the  continuance  of  such  industrial  and  vocational  instruction  beyond 
the  regular  school  term. 

Certificates  Required  of  all  Teachers — Minimum  Age. 

Sec.  79.  It  shall  be  the  duty  of  the  state  superintendent  of  free 
schools  to  prepare  and  distribute  a  manual  containing  the  courses  of 
study  prescribed  by  the  committee  on  course  of  study  and  such  other 
matter  as  may  seem  necessary  to  enable  teachers  to  carry  out  the 
said  courses  of  study,  and  his  further  duty  to  see  that  the  teachers 
in  all  the  various  schools  follow  the  course  of  study  so  prescribed; 
he  shall  also  provide  for  the  examination  and  graduation  of  pupils  who 
satisfactorily  complete  the  said  course  of  study,  and  shall  issue  diplo- 
mas thereto. 


SCHOOL  LAW  OF  WEST  VIRGINIA.  47 

EXAMINATIONS. 

Certificates  Required  of  All  Teachers — Minimum  Age. 

Sec.  80.  No  person  shall  be  employed  to  teach  in  the  free  schools 
of  this  state  or  shall  receive  for  teaching  any  part  of  any  free  school 
fund  who  is  not  of  good  moral  character  and  physically  and  mentally 
qualified  to  perform  the  duties  of  a  teacher;  who  has  not  attained 
the  age  of  eighteen  years  on  or  before  the  first  day  of  September  of  the 
year  in  which  his  certificate  was  issued,  and  who  does  not  at  the  time 
he  enters  upon  his  duty  hold  a  valid  teacher's  certificate  covering  the 
period  of  his  emplo3rment. 

Time  and  Place. 

Sec.  81.  The  general  regulation,  direction  aad  control  of  all  mat- 
ters relating  to  the  examination  of  applicants  for  teachers'  certificates, 
including,  the  preparation  of  questions,  the  grading  of  manuscripts, 
the  granting  and  the  issuing  of  certificates,  and  all  other  powers  nec- 
essary for  the  proper  examination  of  applicants  for  teachers'  certifi- 
cates shall  hereafter  be  vested  in  the  state  superintendent  of  free 
schools,  who  shall  designate  the  time  for  holding  such  examination 
simultaneously  in  all  the  counties  of  the  state,  at  such  places  and  in 
such  buildings  as  the  county  superintendent  shall  designate,  subject 
to  the  approval  of  the  state  superintendent. 

Expenses. 

Sec.  82..  For  the  preparation  and  printing  of  questions,  the  grad- 
ing of  manuscripts,  the  transmission  of  certificates,  and  the  addi- 
tional clerical  work  demanded,  the  state  superintendent  of  schools 
shall  be  allowed  an  amount  not  to  exceed  nine  thousand  dollars  an- 
nually, which  sum  is  hereby  appropriated  and  set  apart  from  the  gen- 
eral school  fund  for  this  purpose. 

Assistants. 

Sec.  83.  The  county  superintendents  shall  conduct  all  examina- 
tions as  directed  by  the  state  superintendent,  but  when  in  any  exami- 
nation there  are  fewer  than  thirty  applicants  the  county  superintend- 
ent shall  appoint  one  assistant,  and  if  more  than  thirty  applicants 


48  SCHOOL  LAW  OF  WEST  VIRGINIA. 

two  assistants,  who  shall  each  receive  six  dollars  for  the  two  days 
spent  in  helping  to  conduct  such  examination.  But  nothing  herein 
contained  shall  prevent  the  state  superintendent  from  sending  a  com- 
petent person  to  oversee  such  examination  if  he  deem  it  expedient. 

Fees. 

Sec.  84.  Each  applicant  upon  taking  his  first  examination  of  the 
year  shall  pay  to  the  county  superintendent  a  fee  of  one  dollar  and 
fifty  cents.  Any  applicant  having  passed  one  examination  may  take 
subsequent  examinations  upon  payment  of  the  full  fee  for  taking 
more  than  half  the  subjects  or  one-half  the  regular  fee  for  taking  a 
part  of  the  subjects  not  to  exceed  one-half.  Out  of  the  aggregate  of  all 
fees  collected  by  the  county  superintendent  he  shall  pay  his  assistants 
and  other  legitimate  expenses  of  conducting  such  examinations,  and 
the  remainder  he  shall  immediately  transmit  to  the  auditor  of  the 
state  to  be  placed  to  the  credit  of  the  general  school  fund  of  the  state. 
At  the  close  of  each  examination  he  shall  make  and  return  to  the 
state  superintendent  of  schools  a  detailed  and  certified  report  of  the 
number  of  applicants  for  certificates,  the  amount  of  fees  collected 
by  him,  the  amount  paid  out  as  above  provided  for  expenses,  and  the 
amount  transmitted  to  the  auditor,  and  shall  send  with  said  report, 
receipts  for  all  money  paid  for  expenses. 

All  applicants  for  certificates  upon  graduation  or  other  credentials 
shall  each  pay  a  fee  of  one  dollar  to  the  state  superintendent  of  schoels 
who  shall  transmit  the  same  to  the  auditor  of  the  state  to  be  credited 
to  the  general  school  fund. 

Transmitting  Questions  and  Manuscripts. 

.  \  • 

Sec.  85.  The  state  superintendent  of  schools  shall  provide  for  the 
preparation  of  questions  for  said  examinations  and  for  their  trans- 
mission in  securely  sealed  packages,  to  the  county  superintendent  of 
each  county.  The  county  superintendent  shall  break  the  seal  and 
open  the  package  of  questions  in  the  presence  of  his  assistants  and  as- 
sembled applicants,  and  shall  conduct  sucli  examinations  in  the  man- 
ner prescribed  by  the  state  superintendent.  At  the  conclusion  of  the 
examination,  the  county  superintendent  shall  forward  .to  the  state 
superintendent,  all  manuscripts  submitted,  in  securely  sealed  packages, 
according  to  instructions  to  be  furnished  by  the  state  superintendent, 
together  with  such  information,  statements  or  affidavits  as  the  state 


SCHOOL  LAW  OF  WEST  VIRGINIA.  49 

superintendent  may  require.  But  no  person  who  is  known  to  be  of 
immoral  character,  or  to  be  addicted  to  drunkenness,  or  who  shall  not 
have  attained  the  age  of  eighteen  years  on  or  before  the  first  day  of 
September  of  the  year  in  which  said  examination  is  held  shall  be  ad- 
mitted to  said  examination. 

Grading  of  Manuscripts. 

Sec.  86.  Within  a  reasonable  time  after  the  receipt  of  the  aforesaid 
manuscripts  it  shall  be  the  duty  of  the  state  superintendent  to  have 
them  examined  and  graded  by  competent  persons  actively  engaged  in 
school  work,  and  to  issue  certificates  based  thereon ;  provided,  that  not 
more  than  one  certificate  of  the  same  kind  and  grade  shall  be  issued  to 
an  applicant  in  any  school  year,  but  the  state  superintendent  shall 
forward  to  each  applicant  taking  more  than  one  examination  in  the 
same  year  a  statement  of  the  grades  made  by  him  in  each  examination 
taken,  and  in  making  up  his  certificate  the  applicant  shall  be  given 
the  benefit  of  his  highest  grades  in  each  subject;  and  such  certificates 
when  so  issued  shall  be  forwarded  by  the  state  superintendent  to  the 
proper  county  superintendent  who  shall  countersign  them  and  de- 
liver them  to  the  persons  entitled  thereto;  provided,  that  no  certifi- 
cate shall  be  issued  to  an  applicant  until  the  state  superintendent 
is  satisfied  as  to  the  identity  of  the  applicant. 

The  state  superintendent  and  each  county  superintendent  shall  each 
keep  a  record  of  all  certificates  issued  showing  the  kind  and  grade  of 
each  certificate  and  the  date  of  issue  thereof,  and  the  state  superin- 
tendent and  each  county  superintendent,  upon  vacating  their  offices 
shall  turn  over  said  records  to  their  respective  successors. 

Elementary  Certificate. 

Sec.  87.  Elementary  certificates  shall  be  issued  to  all  applicants 
who  pass  a  satisfactory  examination  in  orthography,  reading,  penman- 
ship, arithmetic,  English  grammar  and  language,  physiology  and1 
hygiene,  United  States  and  West  Virginia  history,  general  and  West 
Virginia  geography,  civil  government,  theory  and  art  of  teaching,. 
and  agriculture.  Such  certificates  shall  show  the  grade  or  proficiency 
of  the  applicant  in  each  subject  in  which  he  is  examined,  and  shall1 
be  classified  according  to  the  following  scale : 

First  grade  certificates  valid  for  a  period  of  five  years  shall  be  issued 
to  all  applicants  who  attain  a  general  average  of  ninety  per  cent.  on. 


50  SCHOOL  LAW  or  WEST  VIRGINIA. 

a  scale  of  one  hundred,  with  no  subject  below  seventy-five  per  cent; 
second  grade  certificates  valid  for  a  period  of  three  years  shall  be 
issued  to  all  applicants  who  attain  a  general  average  of  eighty  per 
cent,  with  no  subject  below  sixty-eight  per  cent;  third  grade  certifi- 
cates valid  for  one  year  shall  be  issued  to  all  applicants  who  maintain 
a  general  average  of  seventy  per  cent,  with  no  subject  below  sixty 
per  cent;  provided,  that  the  third  grade  certificate  shall  not  be  issued 
for  more  than  two  years  in  succession  to  the  same  person. 

First  grade  elementary  certificates  shall  be  valid  in  all  the  schools 
•of  the  state;  second  grade,  and  third  grade  elementary  certificates 
shall  be  valid  in  all  the  grades  of  the  elementary  schools;  provided, 
that  no  person  shall  be  employed  as  principal  of  any  school  who  does 
not  hold  a  first  grade  certificate  or  its  equivalent. 

Any  first  grade  elementary  certificate  shall  be  renewable  upon  the 
recommendation  of  the  county  superintendent  as  follows: 

At  the  expiration  of  the  first  five  years  it  may  be  renewed  for  a  pe- 
riod of  five  years;  provided,  that  the  holder  thereof  has  taught  suc- 
cessfully or  has  been  actively  engaged  in  public  school  work  not  less 
than  three  years  during  the  life  of  such  certificate. 

At  the  end  of  the  second  or  third  five-year  period  it  shall  be  renewa- 
ble on  condition  that  the  holder  has  taught  or  has  been  actively  en- 
gaged in  public  school  work  for  three  years  during  the  five  years  pre- 
vious, and  that  he  pass  a  satisfactory  examination  on  two  of  the  books 
of  the  state  reading  circle  course  to  be  designated  by  the  state  super- 
intendent of  schools,  or  has  done  satisfactory  work  for  a  period  of 
six  weeks  in  a  recognized  state  normal  school  or  in  some  other  school 
of  equal  rank  and  standing  or  has  done  other  work  of  equal  value. 
The  state  superintendent  of  schools  shall  determine  what  schools  shall 
be  recognized  and  the  nature  of  the  work  which  shall  be  accepted  in 
carrying  out  the  provisions  of  this  section. 

At  the  termination  of  the  third  renewal  period  the  holder  of  such 
certificate  shall  be  eligible  to  receive  a  first  grade  elementary  certifi- 
cate valid  for  life,  if  he  has  taught  or  been  otherwise  actively  engaged 
in  public  school  work  for  not  less  than  three  years  of  the  last  five 
and  has  maintained  an  active  interest  in  school  work;  provided, 
that  in  all  cases  of  renewal  of  elementary  certificates  one  full  year's 
work  in  a  standard  college  or  normal  school  or  other  school  approved 
by  the  state  board  of  education,  done  during  the  life  of  the  certificate 
or  within  the  year  immediately  following  its  expiration,  shall  be  con- 
sidered the  equivalent  of  one  year's  teaching  on  said  certificate. 


SCHOOL  LAW  OF  WEST  VIRGINIA.  51 

Short  Course  Certificate. 

Sec.  88.  The  state  superintendent  of  schools  shall  have  authority, 
upon  application  in  due  form,  to  issue  the  short  course  teacher's  cer- 
tificate, valid  for  a  period  of  three  years,  to  those  who  have  completed 
the  short  course  in  the  state  normal  school  and  its  branches,  the 
short  course  in  the  West  Virginia  Collegiate  institute,  the  normal  train- 
ing course  in  high  schools  that  have  been  approved  by  the  state  board 
of  education,  and  to  those  who  have  completed  in  other  schools  in  the 
state  a  course  of  study  that  is  in  the  judgment  of  the  state  board  of 
education  equivalent  in  all  respects  to  the  short  course  offered  in  the 
state  normal  school  and  its  branches. 

Such  short  course  certificates  shall  be  valid  in  all  the  grades  of  the 
elementary  schools  of  the  state,  and  in  the  payment  of  salaries  shall 
be  considered  as  first  grade  certificates. 

Any  short  course  certificate  shall  be  renewable  for  one  period  of 
three  years ;  provided^  that  the  holder  thereof  has  taught  for  two  years 
thereon  or  has  done  two  years'  credit  work  in  an  approved  high  school 
or  standard  normal  school  or  other  school  approved  by  the  state  board 
of  education,  within  the  life  of  said  certificate. 

Normal  School  Certificate. 

Sec.  89.  The  state  superintendent  shall  have  authority  to  issue 
normal  school  certificates  valid  for  five  years  to  graduates  in  the  di- 
ploma course  of  the  state  normal  school  and  its  branches,  to  graduates 
in  the  diploma  course  of  the  West  Virginia  Collegiate  institute,  and 
to  those  who  have  completed  a  diploma  course  of  study  in  any  other 
school  of  this  or  other  states  that,  in  the  judgment  of  the  state  board 
of  education,  is  equivalent  in  all  respects  to  the  diploma  course  of 
study  in  the  state  normal  school  and  its  branches.  Normal  school 
certificates  shall  be  valid  in  all  the  grades  of  the  elementary  schools 
of  the  state  and  in  high  schools,  and  in  the  payment  of  salaries  and 
renewal  shall  be  considered  as  first  grade  certificates. 

High  School  Certificate. 

Sec.  90.  High  school  certificates  valid  for  a  period  of  five  years 
shall  be  issued  by  the  state  superintendent  to  applicants  who  have 
passed  a  satisfactory  examination  upon  ten  subjects  designated  by  the 
state  board  of  education. 


52  SCHOOL  LAW  OF  WEST  VIRGINIA. 

The  state  superintendent  of  schools  shall  have  authority  to  issue 
the  high  school  certificate  valid  for  five  years,  upon  application  in  due 
form,  to  graduates  of  the  West  Virginia  University,  and  to  graduates 
of  other  colleges  and  universities  in  this  and  other  states  whose  courses 
of  instruction  are,  in  the  judgment  of  the  state  board  of  education, 
equivalent  to  the  courses  offered  in  the  West  Virginia  University; 
provided,  that  the  collegiate  courses  of  instruction  completed  by  such 
graduates  have  included  not  less  than  twenty  semester  hours  in  edu- 
cation; and,  provided,  further,  that  every  high  school  certificate  issued 
under  the  provisions  of  this  act  shall  show  the  subject  or  subjects 
the  holder  thereof  is  especially  qualified  to  teach. 

High  school  certificates  shall  be  valid  in  any  high  school  or  elemen- 
tary school  of  the  state,  and  in  the  payment  of  salaries  shall  be  con- 
sidered as  first  grade  certificates. 

Any  high  school  certificate,  shall,  upon  its  expiration  or  within 
the  year  immediately  following,  be  renewable  for  five-year  periods 
thereafter ;  provided,  that  the  holder  thereof  shall  have  taught  success- 
fully or  shall  have  been  otherwise  actively  engaged  in  public  school 
work  for  three  years  of  each  five-year  period  on  said  certificate;  pro- 
vided, that  at  the  termination  of  the  third  renewal  period  the  holder 
of  such  certificate  shall  be  eligible  to  receive  a  high  school  certificate 
valid  for  life,  if  he  has  taught  or  been  otherwise  actively  engaged  in 
public  school  work  for  not  less  than  three  years  of  the  last  five  and 
lias  maintained  an  active  interest  in  school  work. 

Supervisor's  Certificate. 

Sec.  91.  Supervisors'  certificates  valid  for  a  period  of  five  years 
shall  be  issued  by  the  state  superintendent  to  applicants  who  have 
taught  not  less  than  three  years  on  a  first  grade  certificate  or  its  equi- 
valent, and  who  have  passed  a  satisfactory  examination  upon  such  sub- 
jects as  may  be  designated  by  the  state  board  of  education. 

The  state  superintendent  of  schools  shall  have  authority  to  issue 
the  supervisor's  certificate  valid  for  five  years,  upon  application  in  due 
form,  to  graduates  of  the  West  Virginia  university,  to  graduates  of 
the  state  normal  school  and  its  branches,  and  to  graduates  of  other 
institutions  of  this  and  other  states,  who  have  completed  courses  of 
instruction  that  are,  in  the  judgment  of  the  state  board  of  education, 
equivalent  in  all  respects  to  the  courses  recognized  in  the  granting  of 
this  certificate  in  the  West  Virginia  university  and  the  state  normal 
school  and  its  branches;  provided,  that  such  graduates  shall  have  had 


SCHOOL  LAW  or  WEST  VIRGINIA.  53 

not  less  than  three  years'  experience  as  teachers,  principals  or  super- 
visors; and  provided,  further,  that  the  courses  of  instruction  com- 
pleted by  such  graduates  shall  have  included  not  less  than  twenty 
semester  hours  in  professional  subjects  in  education,  five  semester 
hours  of  which  shall  have  been  in  the  subject  of  school  supervision. 

Any  supervisor's  certificate  shall,  upon  its  expiration  or  within  the 
year  immediately  following,  be  renewable  for  five-year  periods  there- 
after; provided,  that  the  holder  thereof  shall  have  been  actively  en- 
gaged in  public  school  work  for  not  less  than  three  years  of  each  five- 
year  period,  and  upon  such  other  conditions  as  the  state  board  of  edu- 
cation shall  prescribe. 

Supervisor's  certificates  shall  be  valid  in  all  the  schools  of  the  state 
and  in  the  payment  of  salaries  shall  be  considered  as  first  grade  cer- 
tificates. 

Special  Certificates. 

Sec.  92.  The  state  superintendent  of  free  schools  shall  have  au- 
thority, upon  the  recommendation  of  the  state  board  of  education, 
to  issue  special  certificates  to  kindergarten  teachers,  primary  teachers, 
and  special  teachers  and  supervisors  of  music,  drawing,  physical  train- 
ing, home  economics,  manual  training,  agriculture,  and  special  teach- 
ers and  supervisors  of  such  other  subjects  as  the  needs  of  the  schools 
may  require. 

Special  certificates  may  be  issued  upon  examination  or  upon  the 
satisfactory  completion  by  the  applicants  therefor  of  such  courses  of 
study  as  may  be  approved  by  the  state  board  of  education  for  the  is- 
suance of  such  certificates. 

Any  such  special  certificate  shall  be  valid  for  a  period  of  five  years 
and  shall,  upon  its  expiration  or  within  the  year  immediately  follow- 
ing, be  renewable  for  five-year  periods ;  provided,  that  the  holder  there- 
of has  taught  successfully  or  has  been  otherwise  engaged  in  public 
school  work  for  three  years  of  each  five-year  period  of  the  life  of  the 
certificate,  and  upon  such  other  conditions  as  the  state  board  of  educa- 
tion shall  prescribe. 

Special  certificates  shall  be  valid  throughout  the  state  for  the  teach- 
ing of  the  special  subjects  designated  on  such  certificates  and  in  the 
payment  of  salaries  shall  be  considered  as  first  grade  certificates;  pro- 
vided,  that  in  all  cases  of  renewal  of  high  school,  supervisors'  or  spe- 
cial certificates  one  full  year's  work  in  a  standard  college  or  university, 
done  during  the  life  of  the  certificate  or  within  the  year  immediately 


54  SCHOOL  LAW  OF  WEST  VIRGINIA. 

following  its  expiration,  shall  be  considered  the  equivalent  of  one 
year's  teaching  on  said  certificate. 

State  Life  Certificates. 

Sec.  93.  Whenever  any  person  has  taught  on  a  certificate  of  first 
grade  or  its  equivalent  for  a  period  of  ten  years  or  has  been  otherwise 
actively  engaged  in  school  work  for  a  like  period  while  holding  such 
certificate  and  has  shown  superior  ability  or  marked  progress  in  his 
work,  the  state  superintendent  of  free  schools  shall  have  authority 
upon  the  recommendation  of  the  state  board  of  education  to  issue  to 
such  person  a  life  certificate  which  shall  be  valid  in  all  teaching  and 
supervisory  positions  in  the  public  schools  of  this  state  and  shall 
remain  in  force  throughout  the  life  of  the  person  to  whom  it  has  been 
issued. 

Emergency  Certificates. 

94.  Upon  request  of  the  county  superintendent  of  schools  of 
any  county  the  state  superintendent  of  schools  may  issue  emergency 
certificates,  under  such  regulations  as  shall  be  prescribed  by  the 
state  board  of  education,  to  persons  who  were  unable  to  take  any 
of  the  regular  examinations  for  reasons  that  shall  be  fully  explained 
under  oath  to  the  state  superintendent  of  schools.  For  such  emer- 
gency certificates  a  fee  of  one  dollar  and  fifty  cents  shall  be  paid 
to  the  county  superintendent  of  schools  who  shall  deposit  the  same 
with  the  auditor  to  be  credited  to  the  general  school  fund.  Such 
certificates  shall  not  be  issued  more  than  once  to  the  same  person 
and  shall  be  valid  only  in  the  county  designated  in  the  certificate 
and  shall  not  be  valid  after  June  thirtieth  following  the  issuance 
of  the  certificate.  The  grade  of  such  certificates  shall  be  determined 
by  the  state  superintendent  of  schools  and  shall  be  indicated  on  the 
face  of  the  certificate. 

Misdemeanor. 

Sec.  95.  If  any  county  superintendent  or  assistant  intentionally 
violate  any  official  instructions  issued  by  the  state  superintendent 
for  the  conduct  of  examinations,  he  shall  be  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  shall  be  fined  not  less  than  twenty-five 
and  not  more  than  two  hundred  dollars  and  confined  in  jail  not 
less  than  sixty  days  nor  more  than  one  year,  and  such  conviction 
shall  vacate  his  office. 


SCHOOL  LAW  or  WEST  VIRGINIA.  55 

If  any  person  intentionally  break  or  attempt  to  break  the  seal  of 
a  package  containing  questions  for  an  examination  or  have  any 
of  the  questions  in  his  possession  without  authority  of  law  or  in  any 
way  make  any  change,  alterations,  erasures  or  substitutions  in  the 
manuscripts  during  or  after  the  examination  or  attempt  to  pass  any 
such  examination  under  an  assumed  name,  give  or  receive  help  in 
an  examination,  he  shall  be  guilty  of  a  misdemeanor  and  upon  con- 
viction thereof  be  fined  not  to  exceed  fifty  dollars  and  confined  in 
jail  not  less  than  ten  days. 

Revocation   of   Certificates. 

Sec.  96.  The  state  superintendent  may  after  ten  day's  notice 
and  upon  proper  evidence,  revoke  the  certificate  of  any  teacher  for 
drunkenness,  untruthfulness,  immorality,  or  for  any  physical,  men- 
tal or  moral  defect  which  unfits  a  person  for  the  proper  performance 
of  his  duties  as  a  teacher,  or  for  any  neglect  or  refusal  to  perform 
his  duties  or  for  any  other  cause  which  would  have  justified  the 
with-holding  thereof  when  the  same  was  issued. 

Any  county  superintendent  who  knows  of  any  immorality  or 
neglect  of  duty  on  the  part  of  any  person  holding  a  certificate 
shall  report  the  same,  together  with  all  the  facts  and  evidence,  to  the 
state  superintendent  for  such  action  as  in  his  judgment  may  be 
proper. 

GENERAL  AUTHORITY  AND  DUTIES  OF  TEACHERS. 

Teacher's  Authority. 

Sec.  97.  The  teacher  shall  stand  in  the  place  of  the  parent  and 
have  control  of  all  the  children  enrolled  in  his  school  from  the  time 
they  arrive  at  the  school  grounds  until  they  return  to  their  respective 
homes,  and  may  exclude  from  his  school  any  pupil  having  a  con- 
tagious or  infectious  disease,  and  may  suspend  any  pupil  guilty  of  dis- 
orderly, refractory,  indecent  or  immoral  conduct.  But  the  action 
of  the  teacher  in  suspending  any  pupil  shall  be  subject  to  review 
by  the  trustees.  The  trustees  may  expel  any  pupil  on  complaint 
of  the  teacher  or  any  person  interested  if  on  investigation  the  con- 
duct of  such  pupil  is  found  to  be  detrimental  to  the  progress  of 
the  school. 


56  SCHOOL  LAW  OF  WEST  VIRGINIA. 

Teachers  Exempt  from   Certain  Duties. 

Sec.  97%.  No  teacher  in  this  state  shall  be  required  to  serve  on 
any  jury  nor  to  work  on  the  roads  while  his  school  is  in  actual 
-operation. 

Register  and  Reports. 

Sec.  98.  Every  teacher  shall  keep  a  daily  register  and  make 
monthly  reports  to  the  secretary  of  the  board  of  education  of  his 
district.  He  shall  also  keep  a  term  register  in  which  shall  be  en- 
tered the  date  of  the  commencement  and  termination  of  the  term 
of  school,  the  name  and  age  of  every  pupil  who  attended  the  school 
during  the  said  term,  and  the  daily  attendance,  distinguishing  be- 
tween male  and  female,  the  branches  taught  and  the  number  of 
.pupils  engaged  each  month  in  the  study  of  each  branch  and  such 
•other  particulars  as  are  required  by  the  forms  and  regulations  pre- 
scribed by  the  state  superintendent  of  free  schools. 

Payment  of  Teachers. 

Sec.  99.  All  teachers  shall  be  paid  monthly  by  orders  drawn  on 
the  school  treasurer  duly  signed  by  the  president  and  secretary  and 
countersigned  by  the  county  financial  secretary,  payable  out  of  the 
teacher's  fund.  But  if  the  secretary  be  a  teacher  the  order  for  his 
salary  shall  be  signed  by  the  president  and  one  other  member  thereof. 

Term  Register  and  Report  of  Enumeration. 

Sec.  100.  At  the  close  of  the  term  the  teacher  shall  return  the 
term  report  to  the  secretary  of  the  board  of  education  who  shall 
•examine  it  and  if  found  correct  file  it  in  his  office  and  if  the  enum- 
eration has  been  properly  taken  and  reported  as  required  in  sections 
one  hundred  and  one  and  one  hundred  and  two  he  shall  issue  and 
-deliver  to  such  teacher  an  order  for  the  balance  due  on  his  salary 
payable  as  hereinbefore  provided.  But  unless  such  register  be 
properly  kept  and  returned  the  teacher  shall  not  be  entitled  to  the 
payment  of  the  balance  of  his  salary. 

Enumeration. 
Sec.   101.     The  teacher  or  teachers  in   each   sub-district  or  in- 


SCHOOL  LAW  OF  WEST  VIRGINIA.  57 

dependent  district  shall  annually  before  the  close  of  the  school  or 
schools,  and  not  later  than  the  first  day  of  April,  take  and  report  an 
.enumeration  of  all  the  youth  residing  in  such  sub-district  or  inde- 
pendent district,  who  will  be  of  school  age  on  the  first  day  of  July 
following,  distinguishing  between  males  and  females,  white  and 
colored. 

Classes. 

Sec.  102.  The  enumeration  shall  be  taken  and  reported  in  sepa- 
rate classes  as  follows:  all  youth  between  six  and  sixteen  years  of 
,age;  all  youth  between  six  and  twenty-one  years  of  age,  and  all 
youth  between  eight  and  fifteen  years  of  age,  and,  in  districts  where 
kindergartens  have  been  established  by  the  board  of  education,  all 
children  between  four  and  six  years  of  age.  The  report  of  enumera- 
tion shall  be  verified  by  the  affidavit  of  the  person  who  made  it 
to  the  effect  that  he  used  all  means  in  his  power  to  make  it;  and 
.that  he  believes  it  to  be  correct.  He  shall  deliver  such  report  to 
the  secretary  of  the  board  of  education  with  the  term  report  of  such 
.school,  or  not  later  than  the  first  day  of  April,  and,  unless  such  enu- 
meration be  properly  taken  and  reported  by  the  teacher  within  the 
time  required  herein,  the  secretary  shall  deduct  from  the  last 
month's  salary  of  such  teacher  such  amount  as  may  be  necessary  to 
defray  the  expenses  of  taking  said  enumeration  as  hereinafter  pro- 
Tided  for. 

Secretary  to  Have  Enumeration  Taken. 

i 
/ 

Sec.  103.  When  such  enumeration  for  any  district  or  sub-dis- 
trict is  not  received  by  the  secretary  on  or  before  the  first  day  of 
April,  it  shall  be  his  duty,  without  delay,  to  employ  a  competent  person 
to  take  and  report  the  same  as  aforesaid.  The  person  taking  and 
reporting  such  enumeration  shall  be  paid  a  reasonable  compensa- 
tion by  the  board  of  education  not  to  exceed  two  dollars  per  day, 
for  the  time  necessarily  consumed,  by  an  order  on  the  sheriff,  out  of 
the  building  fund  of  the  district. 

Record  of  Enumeration. 

Sec.  104.  The  secretary  of  the  board  of  education  shall  keep  a 
.record  in  his  office  of  the  enumeration  of  youth  so  taken,  and  shall 


58  SCHOOL  LAW  or  WEST  VIRGINIA. 

annually  on  or  before  the  fifteenth  day  of  April,  transmit  a  sum- 
mary of  such  enumeration  to  the  county  superintendent  of  his  coun- 
ty, who,  not  later  than  the  first  day  of  May,  shall  forward  to  the 
siate  superintendent  of  free  schools  a  summary  by  districts  of  the 
enumeration  so  taken  and  reported. 

INSTITUTES. 
Time. 

Sec.  105.  As  a  means  of  improving  the  teachers  and  fitting  them 
for  more  effective  service  in  the  free  schools  of  the  state,  teachers* 
county  institutes  shall  be  held  annually  throughout  the  state,  one  or 
more  in  each  county  at  such  places  as  a  majority  of  the  teachers  of 
such  county  may  designate  by  petition  to  the  county  superintendent, 
or  by  vote  at  the  preceding  teachers'  institute,  and  at  such  time 
between  the  third  week  in  July  and  the  last  week  in  October,  as  the 
state  superintendent  shall,  with  the  advice  of  the  county  superintend- 
ent direct,  and  shall  continue  each  for  one  week  of  five  days. 

Attendance. 

Sec.  106.  Every  person  employed  as  a  teacher  in  the  free 
schools  of  the  state  shall  be  required  to  attend  a  county  institute 
•for  at  least  five  days  in  the  year  in  which  he  teaches  unless  excused 
therefrom  for  a  good  and  sufficient  reason  by  the  county  superintend- 
ent of  the  county  in  which  he  proposes  to  teach.  For  such  attendance 
he  shall  receive  pay  at  the  rate  of  one  dollar  and  fifty  cents  per 
day  for  not  exceeding  five  days  in  any  one  year,  such  compensation 
to  be  paid  out  of  the  building  fund  of  the  district  at  the  end  of  his 
term  of  school.  It  shall  be  the  duty  of  the  county  superintendent 
to  see  that  teachers  who  do  not  so  attend  institute  are  not  allowed 
to  teach  during  any  year  in  which  such  failure  occurs. 

Instructors. 

Sec.  107.  The  institute  shall  be  conducted  by  experienced  and 
skillful  instructors  appointed  by  the  state  superintendent  of  free 
schools,  but  it  shall  be  a  part  of  the  duty  of  the  county  superintend- 
ent, under  the  instructions  of  the  state  superintendent  to  make  all 
arrangements  for  the  institutes  and  to  assist  in  conducting  them. 


SCHOOL  LAW  or  WEST  VIRGINIA.  59 

Pay  of  Instructors. 

Sec.  108.  The  instructors  appointed  by  the  state  superintendent 
shall  each  be  paid  for  his  services  and  expenses  out  of  the  general 
school  fund  on  the  order  of  the  state  superintendent,  but  in  no  case 
shall  the  amount  so  paid  exceed  one  hundred  dollars  for  any  one 
institute. 

Enrollment  Fee. 

Sec.  109.  Every  teacher  enrolled  in  a  county  institute  shall  pay 
an  institute  fee  of  one  dollar,  seventy-five  cents  of  which  shall  be 
remitted  by  the  county  superintendent  to  the  auditor  of  the  state 
to  be  paid  into  the  state  treasury  to  the  credit  of  the  general  school 
fund,  and  the  remainder  may  be  used  for  incidental  expenses  and 
for  the  betterment  of  the  institute,  under  the  direction  of  the  county 
superintendent,  and  an  account  of  said  expenses  shall  be  read  to 
and  approved  by  the  institute  before  the  adjournment  thereof,  and 
any  amount  not  expended  shall  be  disposed  of  as  the  institute  may 
direct. 

Fees  Expended. 

Sec.  110.  The  county  superintendent  shall,  at  the  close  of  the 
institute,  forward  to  the  state  superintendent  a  certified  list  of  all 
persons  enrolled  at  the  county  institute,  giving  the  exact  time  each 
was  in  attendance,  and  a  certified  statement  of  the  receipts  and 
expenditures  together  with  the  receipts  for  all  money  expended. 

District  Institutes. 

Sec.  111.  As  a  further  means  of  improvement  among  teachers 
the  county  superintendent  shall  arrange  for  and  conduct  district 
institutes,  or  teachers'  round  tables,  one  or  more  in  each  district  of 
his  county  within  the  school  year,  and  any  teacher  who  shall  attend 
his  district  institute  for  one  school  day  shall  have  credit  therefor, 
when  reported  by  the  county  superintendent,  in  the  month  in  which 
said  institute  is  held,  as  if  actually  taught  by  him. 

Reading  Circle. 
Sec.  112.     Teachers  shall  be  encouraged  to  form  reading  circles 


60  SCHOOL  LAW  OF  WEST  VIRGINIA. 

for  the  purpose  of  pursuing  courses  of  study  in  the  history  of  educa- 
tion, school  management,  methods  of  teaching,  educational  psychology 
and  kindred  subjects,  and  it  shall  be  the  duty  of  the  state  superintend- 
ent to  prescribe  a  graded  course  of  study  covering  a  period  of  two 
years,  in  the  said  subjects,  to  provide  for  examining  those  who  com- 
plete the  said  course  and  to  issue  certificates  of  proficiency  to  such 
persons  as  pass  satisfactory  examination  thereon. 

COUNTY  SUPERINTENDENT. 

Election. 

Sec.  113.  A  county  superintendent  of  free  schools  shall  be  elected 
in  each  county  by  the  voters  thereof,  at  the  general  election  held  on 
the  Tuesday  after  the  first  Monday  in  November,  nineteen  hundred 
and  ten,  who  shall  be  a  resident  of  the  county  in  which  he  is  elected 
and  whose  term  of  office  shall  commence  on  the  first  day  of  July 
next  after  his  election,  and  continue  for  four  years  and  until  his 
successor  is  elected  and  qualified  according  to  law.  The  county 
superintendent  of  free  schools  shall  immediately  upon  receiving  the 
certificate  of  election  from  the  canvassing  board,  or  the  county  court, 
forward  a  written  notice  thereof  to  the  state  superintendent  of  free 
schools. 

Tie  in  Vote. 

Sec.  114.  In  case  of  a  tie  in  the  vote  for  a  county  superintendent 
of  free  schools,  the  presidents  of  the  various  district  boards  of  educa- 
tion shall  at  a  meeting  called  for  that  purpose,  at  the  court  house  of 
the  county,  by  the  county  superintendent  of  free  schools,  not  less 
than  six  nor  more  than  twelve  days  after  the  result  of  such  election 
is  ascertained,  appoint  one  of  the  persons  receiving  the  highest  number 
of  votes  for  said  office  at  the  said  election  as  county  superintendent 
of  free  schools  who  shall  give  notice  as  aforesaid  to  the  state  superin- 
tendent of  his  appointment.  A  notice  of  such  meeting  shall  be  made 
out  by  the  county  superintendent  and  served  upon  the  president  of 
each  district  board  of  education  at  least  three  days  before  the  day 
of  such  meeting  in  the  manner  provided  by  law  for  the  service  of 
other  process. 

Oath—  Bond. 
Sec.  115.     The  county  superintendent  shall  within  sixty  days  after 


SCHOOL  LAW  or  WEST  VIRGINIA.  61 

his  election  qualify  before  the  county  court  of  his  county  or  the  clerk 
thereof  in  vacation,  by  taking  the  oath  of  office  and  executing  a  bond 
with  approved  security  in  the  penalty  of  one  thousand  dollars  condi- 
tioned for  the  faithful  performance  of  the  duties  of  his  office  and  for 
accounting  for  and  paying  over  all  money  coming  into  his  hands  as 
such  superintendent.  And  the  said  clerk  shall,  within  five  days  after 
said  qualification,  certify  to  the  state  superintendent  of  free  schools 
the  name  and  address  of  said  county  superintendent  and  the  fact  of 
his  executing  such  bond. 

Vacancy. 

Sec.  116.  A  vacancy  in  the  office  of  county  superintendent  shall 
be  filled  until  the  next  general  election  by  the  presidents  of  the 
various  district  boards  of  education  at  a  meeting  to  be  called  for  that 
purpose  by  the  clerk  of  the  county  court  at  the  court  house  of  the 
county,  within  thirty  days  after  the  vacancy  occurs. 

Qualifications. 

Sec.  117.  The  county  superintendent  of  free  schools  shall  be  a 
person  of  successful  experience  in  teaching  or  supervising  schools; 
he  shall  hold  a  first  grade  certificate  or  its  equivalent;  provided,  how- 
ever, that  nothing  herein  contained  shall  affect  the  eligibility  of  the 
present  county  superintendents  or  county  superintendents-elect. 

Salary. 

Sec.  118.  The  county  superintendent  shall  receive  for  his  services 
an  annual  compensation  as  follows:  In  counties  having  not  more 
than  fifty  schools,  seven  hundred  dollars;  in  counties  having  more 
than  fifty  schools  and  not  more  than  seventy-five  schools,  seven 
hundred  and  seventy-five  dollars;  in  counties  having  more  than 
seventy-five  schools  and  not  more  than  one  hundred  schools,  eight 
hundred  and  fifty  dollars,  and  in  counties  having  more  than  one 
hundred  and  not  more  than  one  hundred  and  twenty-five  schools,  nine 
hundred  and  twenty-five  dollars,  and  in  counties  having  more  than 
one  hundred  and  twenty-five  schools  he  shall  be  allowed  two  dollars 
for  each  additional  school  more  than  one  hundred  and  twenty-five. 
In  addition  thereto  the  county  superintendent  shall  be  allowed  the 
same  compensation  for  conducting  examinations  as  is  allowed  his 
assistants;  provided,  that  the  salary  in  no  case  shall  exceed  fifteen 


62  SCHOOL  LAW  OF  WEST  VIRGINIA. 

hundred  dollars ;  the  county  superintendent  shall  not  teach  in  any 
school,  public  or  private,  while  the  schools  of  his  county  are  in  session 
and  should  any  county  superintendent  engage  in  teaching  public  or 
private  school  he  shall  immediately  thereupon  forfeit  his  office  and 
cease  to  be  entitled  to  any  further  remuneration. 

Deductions. 

Sec.  119.  The  county  superintendent  shall  report  on  oath  to  the 
state  superintendent  the  number  of  schools  he  has  visited  during  the 
year,  in  compliance  with  section  one  hundred  and  twenty-one  of  this 
chapter,  and  the  state  superintendent  in  paying  the  said  county  super- 
intendent shall  deduct  two  dollars  from  the  salary  of  the  county 
superintendent  for  each  and  every  school  in  his  county  which  the 
county  superintendent  did  not  visit  up  to  one  hundred  and  twenty- 
five  schools,  as  provided  in  section  one  hundred  and  eighteen  of  this 
chapter. 

Payment — Report. 

Sec.  120.  Such  compensation  shall  be  paid  quarterly  upon  orders 
drawn  by  the  county  superintendent  on  the  state  superintendent  of 
free  schools  who  shall  upon  receiving  the  same  issue  a  requisition 
upon  the  auditor  therefor,  payable  to  the  said  county  superintendent, 
or  to  such  person  as  he  may  direct.  But  the  payment  of  the  fourth 
quarter  shall  not  be  made  until  the  county  superintendent  has  made 
the  report  to  the  state  superintendent  of  free  schools  as  required  by 
section  one  hundred  and  twenty-three  of  this  chapter  and  for  every 
day  after  the  first  day  of  September  before  the  receipt  of  the  reports 
the  state  superintendent  shall  deduct  three  dollars  from  the  salary  of 
the  county  superintendent  unless  said  reports  are  delayed  by  failure  to 
receive  sheriff's  settlements  or  reports  from  secretaries  of  boards  of 
education.  The  salary  of  the  county  superintendent  shall  be  paid 
out  of  the  general  school  fund,  and  the  amount  thereof  shall  be 
deducted  by  the  auditor  from  the  amount  next  to  be  distributed  to 
each  county. 

Visit  Schools. 

Sec.  121.  The  county  superintendent  shall  visit  each  school  within 
his  county,  not  included  in  an  independent  district,  at  least  once  in 
each  school  year,  at  such  time  as  he  may  deem  necessary  and  proper, 


SCHOOL  LAW  OF  WEST  VIRGINIA.  63 

and  acquaint  himself  with  the  character  and  condition  of  each  school, 
noting  any  deficiencies  in  the  government  of  the  school,  the  classifica- 
tion of  the  pupils,  and  the  methods  of  instruction,  and  shall  make 
such  suggestions  to  the  teacher,  either  orally  or  in  writing,  in  private, 
as  may  seem  necessary  or  advisable  for  the  good  of  the  school,  and  the 
progress  of  the  pupils,  and  for  carrying  out  the  prescribed  courses  of 
study. 

Examine  Buildings. 

Sec.  122.  He  shall  examine  the  buildings  and  equipment,  noting 
the  character  and  condition  thereof,  and  shall  make  such  suggestions, 
relative  thereto,  to  the  trustees  and  the  board  of  education,  as  may 
seem  advisable.  He  shall  report  to  the  proper  board  of  education  all 
cases  of  incompetency  or  neglect  of  duty,  and  to  the  state  superinten- 
dent of  schools  all  cases  of  incompetency,  profanity,  cruelty  or  im- 
morality on  the  part  of  teachers,  and  all  failures  to  carry  out  the 
prescribed  courses  of  study. 

Reports. 

Sec.  123.  The  county  superintendent  shall  receive  and  revise  the 
reports  made  to  him  by  the  secretaries  of  the  various  boards  of  educa- 
tion, and  see  that  they  are  in  proper  form,  and  according  to  law;  and 
when  deficiencies  or  errors  are  found  to  exist  he  may  return  them  for 
correction.  From  these  reports  and  such  other  authentic  informa- 
tion as  he  may  obtain  he  shall  make  a  report  to  the  state  superinten- 
dent of  free  schools  on  or  before  the  first  day  of  August  annually  or 
as  soon  thereafter  as  possible,  setting  forth  in  reference  to  each 
district  of  his  county  for  the  year  ending  on  the  preceding  thirtieth 
day  of  June,  the  several  particulars  required  in  the  blanks  furnished 
by  the  state  superintendent. 

STATE  SUPERINTENDENT. 

Election — Qualifications. 

Sec.  124.  There  shall  be  elected  a  state  superintendent  of  free 
schools  for  the  state,  whose  term  of  office  shall  be  the  same  as  that  of 
the  governor.  He  shall  be  a  person  of  good  moral  character,  of 
temperate  habits,  of  literary  acquirements  and  skill  and  experience  in 
the  art  of  teaching.  He  shall  receive  annually  the  sum  of  three 


64:  SCHOOL  LAW  or  WEST  VIRGINIA. 

thousand  dollars  in  payment  for  his  services  to  be  paid  monthly  out 
of  the  general  school  fund  upon  the  warrant  of  the  auditor.  If  in  the 
performance  of  any  duty  imposed  upon  him  by  the  legislature,  he 
shall  incur  any  expense,  he  shall  be  reimbursed  therefor:  provided, 
the  amount  does  not  exceed  five  hundred  dollars  in  any  one  year. 

NOTE: — The  salary  of  the  state  superintendent  is  fixed  at  four 
thousand  dollars  and  made  payable  out  of  the  state  fund  by  Acts  of  1913. 

Residence  and  Seal. 

Sec.  125.  The  state  superintendent  shall  reside  and  keep  his  office 
at  the  seat  of  government.  He  shall  provide  a  seal  for  his  office  and 
copies  of  his  acts  and  decisions,  and  of  papers  kept  in  his  office, 
authenticated  by  his  signature  and  official  seal  shall  be  evidence 
equally  with  the  original.  He  shall  sign  all  requisitions  on  the 
auditor  for  payment  of  money  out  of  the  state  treasury  for  school 
purposes,  except  as  hereinafter  provided. 

Duties. 

Sec.  126.  The  state  superintendent  shall  be  charged  with  the 
supervision  of  all  county  and  city  superintendents  of  free  schools  of 
the  state,  and  shall  see  that  the  school  system  is  carried  into  effect. 
He  shall  prescribe  and  cause  to  be  prepared  all  forms  and  blanks 
necessary  in  the  detail  of  the  system  so  as  to  secure  its  uniform  opera- 
tion throughout  the  state,  and  shall  cause  the  same  to  be  forwarded 
to  the  several  county  superintendents,  to  be  distributed  to  the  persons 
entitled  to  them.  He  shall  cause  as  many  copies  of  this  chapter  and 
such  forms,  regulations  and  instructions  to  be  published  from  time 
to  time  as  he  may  deem  necessary,  and  shall  cause  the  same  to  be 
forwarded  to  the  county  superintendents,  to  be  distributed  to  the 
persons  entitled  to  receive  them. 

Report. 

Sec.  127.  The  state  superintendent  shall  on  or  before  the  first 
day  of  January  preceding  the  session  of  the  legislature,  make  a  report 
to  the  governor,  to  be  by  him  transmitted  to  the  next  regular  session 
of  the  legislature,  in  regard  to  the  condition  of  free  schools  within 
the  state,  embracing  all  statistics  compiled  from  the  reports  of  the 
county  superintendents  and  such  other  authentic  information  as  he 
can  procure,  which  will  be  necessary  to  give  the  proper  exhibit  of  the 


SCHOOL  LAW  OF  WEST  VIRGINIA.  65 

working  of  the  system  together  with  such  plans  as  he  may  have 
matured  for  the  better  and  more  perfect  organization  and  efficiency  of 
the  free  schools,  and  all  such  other  matters  as  he  may  deem  it  expedient 
to  communicate. 

Interpretation  of  Law. 

Sec.  128.  At  the  request  in  writing  of  any  teacher,  school  officer 
or  county  officer  the  state  superintendent  shall  give  his  interpretation 
of  the  meaning  of  any  part  of  the  school  law  and  such  interpretation 
shall  have  the  force  and  effect  of  law  until  overruled  by  a  circuit 
court  or  the  supreme  court. 

Books  for  School  Libraries. 

Sec.  129.  It  shall  be  the  duty  of  the  state  superintendent  to  pre- 
pare and  publish  a  list  of  books  suitable  for  school  libraries  with  the 
order  in  which  they  should  be  provided  and  to  recommend  the  proper 
editions  thereof. 

STATE  BOARD  OF  EDUCATION. 

Appointment — Term  of  Office — Meetings. 

Sec.  130.  There  is  hereby  created  a  state  board  of  education 
composed  of  the  state  superintendent  of  free  schools,  and  five  other 
persons  engaged  in  educational  work,  appointed  by  him,  no  two  of 
them  from  the  same  congressional  district  and  not  more  than  three 
from  the  same  political  party.  The  said  board  shall  be  appointed  on 
or  before  the  first  day  of  June,  one  thousand  nine  hundred  and  eight, 
one  member  for  one  year,  one  for  two  years,  one  for  three  years,  one 
for  four  years,  and  one  for  five  years,  and  thereafter  one  each  year 
who  shall  serve  for  a  period  of  five  years.  The  said  board  shall  as  soon 
as  possible  after  their  term  begins,  meet  at  the  call  of  the  chairman 
and  at  such  times  thereafter  as  four  members  may  determine. 

(•ourses  of  Study. 

Sec.  131.  The  state  board  of  education  shall  perform  the  duties 
heretofore  performed  by  the  state  board  of  examiners  as  herein  pro- 
vided, and  in  addition  thereto  they  shall  constitute  a  committee  on 
courses  of  study  and  as  such 'committee  shall  prescribe  a  course  of 


•66  SCHOOL  LAW  OF  WEST  VIRGINIA. 

study  for  the  public  schools  of  the  state,  including  the  elementary 
schools  and  high  schools,  and  define  the  relations  that  each  shall  bear 
to  the  other.  They  shall  also  prescribe  and  publish  the  subjects  in 
which  applicants  shall  be.  examined  for  the  kindergarten,  primary, 
high  school,  supervisors'  certificates,  and  for  all  special  certificates  as 
hereinbefore  provided.  At .  the  request  of  the  state  superintendent 
they  may  assist  in  the  preparation  of  questions  and  the  grading  of 
manuscripts  for  the  several  examinations  provided  for  by  law. 

Renevwl  of  Certificates. 

Sec.  132.  All  state  certificates  or  other  certificates  of  the  rank  and 
value  of  first  grade,  issued  or  authorized  to  be  issued  by  the  state 
board  of  education  prior  to  this  date  shall  continue  in  full  force  and 
effect,  and  shall  be  deemed  valid  to  the  extent  of  time  for  which  they 
were  issued,  and  upon  their  expiration  may  be  renewed  or  converted 
into  other  certificates  upon  such  conditions  as  the  state  board  of 
•education  may  prescribe. 

Compensation. 

Sec.  133.  The  members  of  the  state  board  of  education,  except  the 
state  superintendent,  shall  each  receive  a  compensation  of  five  dollars 
per  day  and  his  necessary  expenses,  payable  out  of  the  general  school 
fund  on  the  order  of  the  state  superintendent  of  schools,  for  the  per- 
formance of  their  duties  as  members  of  such  board,  but  no  member 
-shall  receive  per  diem  for  more  than  twenty-five  days  in  any  year. 

Report. 

Sec.  134.  Said  board  shall  keep  a  record  of  its  proceedings,  show- 
ing the  number  of  applicants  for  certificates,  the  details  of  all  trans- 
actions of  the  board  together  with  such  statistics  as  the  state  superin- 
tendent may  require,  and  shall  report  the  same  to  the  state  superin- 
tendent annually  on  or  before  the  thirtieth  day  of  September. 

NOTE: — Sections  135  and  136  are  re-enacted  as  sections  133  and 
134,  respectively,  by  Acts  of  1915. 


SCHOOL  LAW  OF  WEST  VIKGINIA.  67 

SHEKIFFS. 

Collection  and  Disbursement  of  School  Money — Bond. 

Sec.  137.  The  sheriff  of  the  county  shall  receive,  collect  and  dis- 
burse all  school  money  for  the  county  and  the  several  districts  and 
independent  districts  therein.  But  before  receiving  or  collecting  any 
such  school  money  he  shall  give  in  addition  to  his  bond  as  collector 
of  the  state  and  county  taxes,  a  bond  with  approved  security  in  a 
penalty  double  the  amount  of  school  money  which  will  probably  come 
into  his  hands  for  school  purposes  during  any  one  year  of  his  term 
of  office. 

Pay  Orders. 

Sec.1 138.  He  shall  keep  accounts  with  the  boards  of  education  of 
the  various  districts  and  independent  districts  of  the  money  belonging 
to  the  teachers5  fund,  the  building  fund,  or  such  other  fund  as  there 
may  be,  and  shall  credit  every  receipt  and  charge  every  disbursement 
to  the  fund  to  which  it  belongs.  He  shall  pay  out  no  money  except 
upon  orders  of  the  respective  boards  specifying  the  amount  to  be  paid, 
the  purpose  for  which  paid  and  the  fund  to  which  it  is  to  be  charged, 
signed  by  the  president  and  secretary  and  countersigned  by  the  county 
financial  secretary;  or  by  the  president  and  one  other  member,  as 
prescribed  in  section  ninety-nine,  and  countersigned  by  the  county 
financial  secretary. 

Annual  Settlement  with  County  Financial  Secretary. 

Sec.  139.  He  shall  on  or  immediately  before  the  first  day  of  July 
in  each  year,  settle  with  the  county  financial  secretary.  In  this  settle- 
ment he  shall  be  charged  with  the  amount  of  taxes  and  of  general 
school  fund  apportioned  to  the  district  or  independent  district  by  the 
county  superintendent  and  the  amount  of  taxes  levied  by  the  board  of 
education  upon  the  property  of  the  district  or  independent  district 
for  the  teachers5  fund,  for  the  building  fund  and  all  other  school 
funds,  and  for  any  other  money  received  by  him  during  the  current 
year  on  account  of  the  free  schools  of  such  district  or  independent 
district ;  and  he  shall  be  credited  with  the  amount  of  delinquent  school 
tax  in  such  district  or  independent  district  that  has  been  duly  certified 
by  the  clerk  of  the  county  court  to  such  board  of  education. 


68  SCHOOL  LAW  or  WEST  VIEGINIA. 

Payments  in  Excess. 

Sec.  140.  He  shall  be  credited  in  such  settlements  with  all  orders 
paid  and  produced  by  him,  if  found  to  be  correct  by  the  county  finan- 
cial secretary,  and  he  shall  receive  no  other  credits  except  his  com- 
mission as  hereinafter  provided.  If  any  sheriff  shall  pay  out  in  any 
one  year  more  money  on  account  of  the  teachers'  fund,  the  building 
fund,  or  any  other  school  fund,  than  shall  have  been  levied  and  could 
have  been  collected  by  him  during  said  year,  together  with  the  amount 
remaining  in  his  hands  from  any  preceding  year,  he  shall  in  such 
settlement  receive  no  credits  for  such  excess. 

Method  of  Settlement. 

Sec.  141.  In  making  said  settlement  it  shall  be  the  duty  of  the 
sheriff  to  prepare  and  present  to  the  county  financial  secretary,  in 
duplicate,  separate  lists  of  all  the  credits  claimed  by  him  against  each 
of  the  several  school  funds  collected  by  him,  showing  the  amount,  date 
and  number  of  each  voucher  or  order,  and  to  whom  payable,  together 
with  the  statement  of  the  proper  debits  to  the  several  funds  with 
which  he  is  chargeable;  which  lists  and  statements  together  with  the 
vouchers  claimed  as  credits  by  the  sheriff  shall  be  examined  by  the 
county  financial  secretary  and  if  found  correct  the  said  vouchers  or 
orders,  bonds  and  interest  coupons  credited  to  said  sheriff  shall  be 
indorsed  by  the  county  financial  secretary  on  the  back  of  each  with  the 
words,  "Settled  by  county  financial  secretary,  191 — "  and  shall  be 
cancelled  with  the  perforation;  and  said  statements  and  lists  as  cor- 
rected shall  be  signed  by  said  sheriff  and  by  the  county  financial  sec- 
retary, in  duplicate,  one  copy  to  be  retained  by  the  county  financial 
secretary,  and  the  other,  together  with  the  vouchers,  or  orders,  and 
cancelled  bonds  and  interest  coupons  shall  be  turned  over  to  the 
sheriff  who  shall  thereupon  deliver  them  to  the  clerk  of  the  county 
court,  and  the  same  shall  serve  as  a  basis  of  the  settlement  required  by 
section  seven  of  article  twelve  of  the  constitution,  and  section  one 
hundred  and  forty-two  of  this  chapter. 

Settlement  with  County  Court. 

Sec.  142.  The  sheriff  shall  also  make  annual  settlements  by  dis- 
tricts with  the  county  court  of  his  county  not  later  than  the  tenth 
day  of  July  in  each  year,  showing  an  itemized  statement  of  all  money 
received  or  disbursed  for  the  preceding  year  on  account  of  all  school 
funds  in  his  hands,  showing  the  amount,  date  and  number  of  each 


SCHOOL  LAW  OF  WEST  VIRGINIA.  69 

credit  voucher  and  to  whom  payable,  and  the  balance  due  each  district 
and  independent  district  on  each  of  said  funds;  which  settlement 
shall  be  made  a  matter  of  record  by  the  clerk  of  said  court  in  a  book 
kept  for  that  purpose;  and  the  clerk  shall  file  a  copy  of  the  settle- 
ment, as  approved,  with  the  secretary  or  other  person  keeping  the 
financial  accounts  of  each  board  of  education. 

Corrections  in  Settlements. 

Sec.  143.  But  the  settlements  made  by  the  sheriff  with  the  county 
financial  secretary,  as  provided  in  section  one  hundred  and  thirty- 
nine,  when  found  correct  and  properly  signed  and  turned  over  to  the 
•clerk  of  said  court,  as  required  by  section  one  hundred  and  forty- 
one,  may  be  taken  and  treated  as  the  settlements  required  to  be  made 
and  recorded  by  section  one  hundred  and  forty-two;  provided,  how- 
ever, that  the  prosecuting  attorney  or  any  taxpayer  of  the  county 
may  appear  before  said  court  for  the  purpose  of  making  corrections 
in  said  report,  and  said  court  may  hear  said  objections,  after  reason- 
-able  notice  to  the  sheriff  and  county  financial  secretary,  and  make 
such  corrections  as  may  be  proper,  and  when  corrected  said  settle- 
ments shall  be  recorded;  and  said  settlements  and  vouchers  turned 
over  to  the  clerk  of  said  court  shall  be  filed  by  said  clerk  by  districts. 

Commissions. 

Sec.  144.  The  sheriff  shall  receive  such  commissions  as  are  now  or 
may  hereafter  be  provided  for  by  law. 

Failure  to  Account  for  Money  or  Pay  Orders. 

Sec.  145.  If  he  shall  fail  to  account  for  and  pay  over  as  required 
by  law  any  money  which  may  come  into  his  hands  or  for  which  he 
is  liable,  judgment  may  be  rendered  therefor  against  him  and  his 
sureties  with  interest  and  ten  per  cent,  damages;  and  upon  the 
failure  of  such  sheriff  to  pay  any  proper  order  issued  by  the  said 
board  of  education  the  person  entitled  to  receive  the  sum  of  money 
specified  in  such  order  may  require  the  sheriff  to  endorse  thereon 
or  write  across  the  face  thereof  the  words  "presented  for  payment" 
with  the  proper  date  and  sign  the  same,  and  judgment  upon  motion 
.after  at  least  ten  days'  notice,  may  be  obtained*  against  the  sheriff 
before  any  justice  of  his  county  or  before  the  circuit  court  thereof, 
with  interest  from  the  time  said  order  was  presented  and  ten  per 


70  SCHOOL  LAW  OF  WEST  VIKGINIA. 

cent,  damages.  But  a  sheriff  shall  not  be  required  to  endorse  any 
school  order  nor  shall  suit  be  brought  on  any  such  school  order  prior 
to  the  first  day  of  November  of  the  current  school  }rear. 

Failure  to  Settle. 

Sec.  146.  If  any  sheriff  fails  to  make  the  settlement  required  by 
section  one  hundred  and  forty-two  at  the  time  required,  without  rea- 
sonable cause  therefor,  he  shall  be  charged  in  said  settlement  with 
twelve  per  cent,  interest  on  all  school  money  in  his  hands  for  the  time 
he  is  in  default  in  making  the  said  settlement. 

Action  Against. 

Sec.  147.  If  the  sheriff  fails  to  make  the  said  settlement  at  the  time 
required  it  shall  be  the  duty  of  the  prosecuting  attorney  to  proceed  by 
action  against  him  and  his  sureties  in  the  circuit  court  to  recover  the 
fine  and  penalty  imposed  upon  him  by  sections  one  hundred  and  forty- 
two  and  one  hundred  and  forty-six. 

Failure  of  County  Financial  Secretary  to  Settle. 

Sec.  148.  If  any  county  financial  secretary  fails  to  make  the  settle- 
ment required  by  section  one  hundred  and  thirty-nine  of  this  chapter, 
with  the  sheriff,  when  requested  by  him  to  do  so,  he  shall  be  guilty  of 
a  misdemeanor  and  upon  conviction  thereof  be  fined  twenty  dollars,  the 
proceeds  of  which  fine  shall  be  placed  to  the  credit  of  the  building  fund 
of  the  district. 

Turn  Over  Balance. 

Sec.  149.  And  the  retiring  sheriff  shall  immediately  after  lie  shall 
have  made  his  final  settlement  in  the  manner  herein  provided,  pay  and 
turn  over  to  his  successor  in  office  such  balance  as  may  be  shown  to  be 
due  from  him  by  said  settlement. 

County  Superintendent  Financial  Secretary. 

Sec.  149-a  The  county  superintendent  of  free  schools  in  each  county 
shall  be  ex-officio  county  financial  secretary,  and  as  such  officer  he  shall 
have  the  power  and  authority  and  perform  the  duties  herein  set  forth. 


SCHOOL  LAW  OF  WEST  VIRGINIA.  71 

Duties  of  Financial  Secretary. 

Sec.  149-b.  The  county  financial  secretary  shall  keep  the  financial 
records  for  all  the  schools  within  his  county,  said  records  to  be  kept  in 
the  form  prescribed  by  the  chief  inspector  under  chapter  thirty-three, 
acts  of  one  thousand  nine  hundred  and  eight.  He  shall  countersign 
all  legal  orders  issued  by  the  several  boards  of  education  within  his 
county  before  said  orders  are  payable  by  the  sheriff  or  school  treasurer, 
and  shall  make  annual  settlements  with  the  sheriff  or  school  treasurer 
for  the  several  school  funds,  as  provided  by  law;  he  shall  at  the  end  of 
each  month  deliver  to  each  board  of  education  a  summarized  state- 
ment showing  the  financial  condition  of  their  several  school  funds,  said 
statement  to  be  in  the  form  prescribed  by  the  chief  inspector  under 
chapter  thirty-three,  acts  of  one  thousand  nine  hundred  and  eight. 

Office  and  Office  Supplies — Compensation. 

Sec.  149-c.  The  county  court  of  every  county  shall  provide  at  the 
county  seat  a  suitable  office,  to  be  located  in  the  courthouse  if  there 
be  sufficient  room,  for  the  county  financial  secretary,  and  shall  keep  the 
same  supplied  with  the  necessary  furniture,  fuel,  light,  record  books, 
stationery,  postage  and  such  other  things  as  shall  be  necessary.  The 
county  financial  secretary  shall  receive  for  his  services  required  by  this 
act  an  annual  compensation  of  seventy-five  dollars,  except  that  in 
counties  having  more  than  one  hundred  teachers  employed  for  at  least 
six  months  during  the  year,  the  annual  compensation  shall  be  at  the 
rate  of  seventy-five  cents  for  each  teacher  so  employed,  said  compensa- 
tion to  be  based  on  the  number  of  teachers  employed  during  the 
preceding  year,  and  to  be  paid  quarterly  on  orders  issued  by  the 
county  court  drawn  on  the  general  county  fund. 

Sheriff  to  Report  Condition  of  Funds. 

Sec.  149-d.  After  July  first,  one  thousand  nine  hundred  and  thir- 
teen, no  sheriff  or  school  treasurer  shall  pay  any  order  which  was  drawn 
on  a  school  fund  prior  to  July  first,  one  thousand  nine  hundred  and 
thirteen,  until  after  said  order  has  been  countersigned  by  the  county 
financial  secretary.  At  the  end  of  each  month  the  sheriff  or  school 
treasurer  shall  make  a  report  to  the  county  financial  secretary  showing 
the  date,  number  and  amount  of  each  school  bond  and  interest  coupon 
paid  during  the  month. 


?2  SCHOOL  LAW  OF  WEST  VIRGINIA. 

This  act  shall  be  in  effect  on  and  after  July  first,  one  thousand  nine 
hundred  and  thirteen. 

Mandamus. 

Sec.  150.  If  any  order  of  the  board  of  education  upon  the  sheriff 
of  the  county  or  judgment  or  decree  for  a  sum  of  money  against  the 
said  board  be  presented  to  such  sheriff  without  obtaining  payment,  pay- 
ment thereof  may  be  enforced  by  the  circuit  court  by  mandamus  or  an 
order  for  specific  levy  on  the  property  taxable  in  the  district. 

THE  SCHOOL  FUND. 

Report  of  School  Fund  by  Auditor. 

Sec.  151.  The  auditor  shall  annually  before  the  first  day  of  Sep- 
tember, deliver  to  the  governor  and  the  state  superintendent  of  free 
schools  each  a  report  made  up  to  the  first  day  of  July  next  preceding, 
of  the  condition  of  "the  school  fund,"  with  an  abstract  of  the  accounts 
thereof  in  his  office,  which  report  the  governor  shall  lay  before  the 
legislature  at  its  regular  session. 

The  School  Fund— Board  of. 

Sec.  152.  All  such  sums  as  have  accrued  to  this  state  from  the  sev- 
eral sources  enumerated  in  the  fourth  section  of  the  twelfth  article 
of  the  constitution,  not  in  excess  of  one  million  dollars,  shall  be  set 
apart  as  a  separate  fund  to  be  called  "the  school  fund"  and  the  gov- 
ernor, state  superintendent  of  free  schools,  auditor  and  treasurer  shall 
be  a  corporation  under  the  name  of  "The  board  of  the  school  fund," 
and  shall  have  the  management,  control  and  investment  of  said  fund, 
as  provided  by  the  fourth  section  of  the  twelfth  article  of  the  consti- 
tution. The  governor  shall  be  president  of  the  board,  and  in  his  ab- 
sence the  board  shall  choose  one  of  their  number  to  preside  temporarily 
in  his  place.  The  auditor  shall  be  the  secretary  of  the  board  and  all 
meetings  of  the  board  shall  be  held  in  his  office.  A  record  shall  be  kept 
of  all  the  proceedings  and  be  signed  by  the  president  and  secretary, 
and  a  copy  thereof,  certified  by  the  secretary  of  the  board  shall  be 
•evidence  in  all  cases  in  which  the  original  would  be.  A  majority  of 
the  board  shall  constitute  a  quorum  for  the  transaction. of  business. 


SCHOOL  LAW  OF  WEST  VIRGINIA.  73 

Meeting  of  Board. 

Sec.  153.  A  meeting  of  the  board  of  the  school  fund  may  be  held 
at  any  time  upon  the  call  of  any  member  thereof:  provided,  notice 
be  given  to  all  members  who  may  be  at  the  seat  of  government. 

Collection. 

Sec.  154.  All  the  money  due  and  payable  into  the  treasury  to  the 
credit  of  "the  school  fund"  shall  be  recovered  with  interest  by  action 
or  motion  in  the  name  of  said  board,  before  any  court  having  jurisdic- 
tion, and  the  attorney  general  shall  institute  and  prosecute  such  action 
or  motion  when  so  directed  by  the  board. 

Agents  to  Collect. 

Sec.  155.  The  board  may  appoint  agents  for  the  collection  of  debts 
or  claims,  and  authorize  them  to  secure  payment  thereof,  and  to  pro- 
tect the  interest  of  the  school  fund,  on  such  terms  as  it  may  approve. 
They  shall  take  bond  from  said  agents,  if  any  money  is  to  come  into 
their  hands ;  and  any  agent  selling  lands,  when  directed  to  do  so  by  the 
board,  shall  execute  a  deed  with  the  resolution  giving  such  directions 
thereto  annexed,  conveying  to  the  purchaser  by  special  warranty.  Said 
agent  may  be  allowed  by  the  board  a  compensation  not  exceeding  in 
any  case  five  per  cent  on  the  money  paid  into  the  treasury. 

STATE  SCHOOL  BOOK  COMMISSION. 

Appointment — Qualifications — Term  of  Office — Compensation. 

Sec.  155  a.  I.  There  is  hereby  created  a  state  school  book  commis- 
sion, which  shall  consist  of  the  state  superintendent  of  free  schools, 
who  shall  be  ex-officio  secretary,  and  eight  citizens  of  the  state  at  least 
five  of  whom  shall  be  experienced  educators  of  known  character  and 
ability,  and  who  are  at  the  time  of  their  appointment  engaged  in 
actual  educational  work,  not  more  than  five  of  whom  shall  belong  to 
the  same  political  party,  who  shall  be  appointed  by  the  governor  on 
or  before  the  first  day  of  April,  one  thousand  nine  hundred  and 
twelve,  and  every  fifth  year  thereafter;  said  appointees  shall  take 
office  thirty  days  after  their  appointment  and  serve  for  five  years, 
unless  removed  by  the  governor  for  good  and  sufficient  cause. 
"Vacancies  on  said  commission  shall  be  filled  by  the  governor  by 


74  SCHOOL  LAW  OF  WEST  VIRGINIA. 

appointment.  Said  appointees  shall  receive  five  dollars  per  day 
for  each  and  every  day  actually  engaged  in  the  work  of  the 
commission,  not  exceeding  ten  days  in  any  one  year,  and  their  actual 
necessary  expenses  in  connection  therewith.  Before  assuming  the 
duties  of  office  they  shall  each  take  an  oath  or  affirmation  before  some 
one  qualified  by  law  to  administer  the  same,  to  faithfully  and  hon- 
estly perform  their  duties  as  hereinafter  prescribed  to  the  best  of  their 
ability,  and  that  they  are  in  no  way  interested  in  the  preparation, 
manufacture  or  sale  of  any  text-books  that  may  be  submitted  to  said 
commission  for  consideration.  Such  oath  or  affirmation  shall  be  filed 
in  the  office  of  the  state  superintendent  of  free  schools. 

Contracts. 

Sec.  155  a  II.  It  shall  be  the  duty  of  the  state  superintendent  of 
free  schools  during  the  month  of  April,  one  thousand  nine  hundred 
and  eleven,  to  contract  for  the  period  of  one  year  from  July  first 
following,  with  the  publishers  thereof,  for  such  text-books  as  are  now 
in  use,  and  for  which  county  contracts  will  expire  June  thirtieth,. 
one  thousand  nine  hundred  and  eleven,  said  contracts  to  be  made  upon 
the  same  terms  and  conditions  as  are  contained  in  the  existing  county 
contracts. 

Meetings — Bids — Deposits. 

Sec.  155  a.  III.  The  members  of  the  state  school  book  commission 
shall  meet  at  the  office  of  the  state  superintendent  of  free  schools 
on  the  first  Tuesday  in  May,  one  thousand  nine  hundred  and  twelve.. 
and  each  fifth  year  thereafter,  at  which  time  they  shall  ask 
various  publishers  of  text-books  in  the  United  -States  to  submit 
samples  and  prices  of  text-books  on  all  subjects  required  to  be 
taught  in  the  free  schools  of  the  state,  viz:  spelling,  reading, 
writing,  arithmetic,  language  and  grammar,  physiology  and  hygiene,. 
civil  government,  state  history,  United  States  history,  general 
history,  book-keeping,  geography,  elementary  algebra,  plane  geom- 
etry, elements  of  agriculture,  literature,  drawing  and  English  diction- 
aries and  such  other  subjects  which  from  time  to  time  in  the  judgment 
of  the  board  seems  necessary  and  best  to  serve  the  educational  interests- 
of  the  state.  The  said  commission  shall  select  one  of  its  members  as 
chairman,  and  it  shall  be  his  duty  to  preside  at  all  meetings.  All  bids 
or  proposals  shall  be  under  seal,  and  submitted  to  the  chairman  of 
said  commission  to  be  opened  by  him  in  the  presence  of  said  commis- 


SCHOOL  LAW  OF  WEST  VIRGINIA.  75 

sion  at  an  executive  session  to  be  held  at  the  place  aforesaid,  on  the 
first  Tuesday  in  June  following.  Each  bid  or  proposal  shall  be  ac- 
companied by  a  sufficient  number  of  specimen  copies  of  all  books 
offered  for  adoption,  to  supply  each  member  of  said  commission. 
When  said  bids  and  sample  copies  are  submitted  to  the  chairman  of 
said  commission,  each  bidder  shall  deposit  with  the  state  treasurer 
such  sum  of  money  as  said  commission  shall  designate;  such  deposit 
to  be  not  less  than  one  thousand  dollars  nor  more  than  three  thousand 
dollars,  according  to  the  number  of  books  each  bidder  may  propose 
to  supply.  Such  deposit  of  any  bidder  shall  be  forfeited  to  the  school 
fund  of  the  state,  if  such  bidder  shall  fail  or  refuse  to  make  and  ex- 
ecute such  contract  and  bond  as  are  hereinafter  required,  in  case  of 
the  acceptance  of  such  bid  on  any  or  all  of  the  books  so  offered.  No 
bid  or  proposal  is  to  be  considered  by  said  commission  until  such 
deposit  is  made,  and  until  the  commission  is  informed  in  writing  of 
the  name  and  address  of  an  agent  residing  in  this  state  upon  whom 
process  may  be  served  in  any  action  brought  against  such  bidder. 

Selection  of  Books — Contracts. 

Sec.  155  a.  IV.  Upon  the  opening  of  said  bids  on  the  first  Tuesday 
in  June  the  said  commission,  having  adopted  rules  governing  its  order 
of  procedure,  shall  immediately  proceed  to  the  consideration  of  the 
merits  of  the  books  offered,  taking  into  consideration  their  subject 
matter,  printing,  binding  and  their  general  suitableness  for  the  pur- 
pose intended,  as  well  as  the  price  of  said  books.  Said  commission 
shall  select  and  adopt  one  book,  or  one  series  of  books,  and  only  one, 
on  each  subject  mentioned  in  section  three  of  this  act,  for  uniform 
and  exclusive  use  in  the  free  schools  of  this  state,  except  as  hereinafter 
provided,  taking  only  those  which  in  their  best  judgment  will  come  the 
nearest  accomplishing  the  ends  desired ;  provided  that  no  book  inferior 
in  quality,  or  of  a  partisan  or  sectarian  nature  shall  be  adopted,  nor 
shall  any  book  be  adopted  by  less  than  five  affirmative  votes ;  nor  shall 
any  book  or  books  be  changed  at  the  expiration  of  any  five-year  con- 
tract made  by  said  commission  upon  fewer  than  six  affirmative  votes. 
When  selections  and  adoptions  of  books  have  been  properly  made,  it 
shall  be  the  duty  of  the  chairman  of  the  state  school  book  commission 
to  execute  contracts  therefor  with  the  publishers  thereof  for  a  period 
of  five  years,  beginning  July  first,  following.  Such  contracts  shall 
be  prepared  by  the  attorney  general  in  accordance  with  the  terms  and 
provisions  of  this  act,  and  shall  be  executed  in  duplicate,  one  copy 
held  by  the  contractors  and  one  by  the  secretary  of  said  commission. 


76  SCHOOL  LAW  OF  WEST  VIKGINIA. 

It  shall  be  the  duty  of  said  secretary  to  keep  a  full  and  complete  record 
of  the  proceedings  of  the  said  commission,  said  record  to  be  kept  in 
his  office  and  be  opened  to  the  inspection  of  any  citizen  of  the  state. 
Should  any  successful  bidder  fail  to  contract,  or,  if  for  any  cause  any 
book  or  books  adopted  cannot  be  secured,  the  commission  shall  pro- 
ceed at  once  to  the  selection  and  adoption  of  other  books  in  lieu 
thereof. 

Bonds — Return  of  Deposits. 

Sec.  155  a.  V.  At  the  time  of  the  execution  of  the  contract  afore- 
said contractors  shall  enter  into  a  bond  in  the  sum  of  not  less  than  ten 
thousand  dollars,  payable  to  the  state  of  West  Virginia,  conditioned 
on  the  faithful  and  honest  performance  of  their  contract;  any  guar- 
anty company  authorized  to  do  business  in  the  state  of  West  Virginia 
may  become  surety  of  said  bond,  and  it  shall  be  the  duty  of  the  at- 
torney general  to  prepare  and  the  board  of  public  works  to  approve 
said  bond.  After  all  contracts  have  been  executed  as  herein  pro- 
vided, it  shall  be  the  duty  of  the  said  commission  to  notify  the  state 
treasurer  to  return  all  bidders  such  cash  deposits  heretofore  required 
as  have  not  been  forfeited  in  accordance  with  the  provisions  of  this 
act,  receiving  therefor  receipt  in  duplicate,  one  copy  of  which  shall 
be  filed  with  the  state  superintendent  of  free  schools.  Any  deposit  for- 
feited in  accordance  with  the  provisions  of  this  act  shall  be  placed 
to  the  credit  of  the  school  fund. 

Prices — Copies  Preserved. 

Sec.  155  a.  VI.  It  shall  be  the  duty  of  the  state  school  book  commis- 
sion at  the  last  meeting  aforesaid  to  fix  the  prices  at  which  the  various 
books  adopted  shall  be  sold  to  patrons,  the  excess  of  which  above  con- 
tract price  representing  the  profit  to  the  retailer;  but  in  no  case  shall 
such  profit  exceed  twenty  per  cent,  of  the  contract  price.  The  state 
superintendent  of  free  schools  shall  notify  each  county  superintendent 
of  the  list  of  books  adopted  and  the  prices  at  which  they  are  to  be 
sold  and  any  person  selling  such  books  at  a  higher  price  than  that 
fixed  by  the  state  school  book  commission  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  shall  be  fined  not  less  than  ten 
dollars  nor  more  than  fifty  dollars.  The  books  furnished  during  the 
contract  period  shall  be  equal  in  all  respects  to  the  sample  copies 
furnished  the  said  commission;  and  it  shall  be  the  duty  of  the  state 


SCHOOL  LAW  or  WEST  VIRGINIA.  77 

superintendent  of  free  schools  to  carefully  preserve  in  his  office  as  the 
standard  of  quality,  sample  copies  of  all  books  contracted  for. 

Depositories — Exchange — Unauthorized  Book  Prohibited — Certain 

Cities  Exempt. 

Sec.  155  a.  VII.  It  shall  be  the  duty  of  each  contractor  at  his  own 
expense  to  place  with  responsible  dealers,  in  no  fewer  than  three  magis- 
terial districts  in  each  county,  a  sufficient  quantity  of  books  to  supply 
the  demand.  He  shall  also  arrange  for  the  exchange  of  books  at  such 
places,  allowing  pupils  or  boards  of  education  not  less  than  fifty  per 
cent  of  the  retail  price  of  new  books  for  the  old  books  of  like  kind 
and  grade  displaced.  The  exchange  privilege  shall  extend  through 
one  entire  school  year,  and  the  dealer  making  the  exchange  shall  be 
allowed  by  the  contractors  ten  per  cent  of  the  cash  proceeds  of  same. 
Any  teacher  permitting  in  his  school  the  use  of  any  unauthorized 
book  shall  be  deprived  of  his  salary  during  the  period  of  such  viola- 
tion of  this  act.  Nothing  in  this  act  is  to  be  construed  as  preventing 
the  use  of  supplementary  readers;  provided,  they  do  not  displace  the 
adopted  readers,  nor  the  use  of  more  advanced  books  in  such  schools  as 
may  be  ready  for  the  same.  Boards  of  education  in  cities  and  inde- 
pendent districts  containing  thirty-five  hundred  population  or  more 
may  reserve  the  right  to  select  their  own  text  books;  but  should  they 
elect  to  use  any  of  the  books  adopted  by  the  state  school  book  commis- 
sion they  shall  purchase  them  upon  the  same  terms  as  hereinbefore 
provided,  and  shall  not  change  them  out  during  the  period  such  books 
are  under  contract. 

Uniform  Prices. 

Sec.  155  a  VIII.  Should  any  contractor  furnish  the  same  books 
contracted  for  in  this  state,  at  lower  prices  to  any  other  state,  city  or 
county  in  the  United  States  than  the  contract  prices  in  this  state,  like 
conditions  prevailing,  the  same  reduction  shall  immediately  be  made 
in  this  state,  and  the  state  school  book  commission  is  directed  to  re- 
quire compliance  with  this  provision  on  penalty  of  cancellation  of 
contract  with  such  contractor. 

List  of  Titles  and  Prices. 

Sec.  155  a.  IX.  It  shall  be  the  duty  of  any  contractor  to  prepare 
printed  lists,  showing  the  exact  titles  of  his  books,  the  prices  at  which 


78  SCHOOL  LAW  or  WEST  VIRGINIA. 

same  are  to  be  sold  by  the  dealers,  and  the  prices  of  same  when  cor- 
responding old  books  are  given  in  exchange,  and  send  to  each  county 
superintendent  a  sufficient  number  to  supply  every  teacher  in  the 
county.  It  shall  be  the  duty  of  each  county  superintendent  to  see 
that  the  teachers  of  his  county  display  such  printed  lists  for  the  in- 
spection of  the  pupils. 

Penalties. 

Sec.  155  a.  X.  Complaint  in  writing  to  any  board  of  education  of 
any  district,  by  any  citizen,  or  by  any  contractor  to  the  effect  that  a 
teacher  of  such  district  is  permitting  the  use  of  unauthorized  books  in 
his  school,  shall  be  deemed  sufficient  cause  for  investigation  by  said 
board  of  education,  and  if  such  complaint  is  found  to  be  true,  the 
board  shall  inflict  the  penalty  provided  in  section  seven  of  this  act. 
Members  of  boards  of  education  who  fail  or  refuse  to  perform  the 
duties  required  of  them  in  this  section  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  before  any  justice  of  the  peace, 
shall  be  fined  not  less  than  twenty-five  dollars,  nor  more  than  fifty 
dollars. 

State  Not  Liable. 

Sec.  155  a.  XI.  It  shall  be  a  part  of  the  terms  and  conditions  of  any 
contract  made  in  pursuance  of  this  act  that  the  state  of  West  Virginia 
shall  not  be  liable,  in  any  manner,  in  any  sum  whatsoever ;  but  all  said 
contractors  shall  receive  their  pay  solely  from  the  several  dealers  in 
each  of  the  counties  of  the  state  provided  in  section  seven  of  this  act. 
Such  contract  shall  also  provide  that  any  pupil,  parent  or  teacher 
may  order  books  direct  from  the  contractors  and  receive  them  pre- 
paid at  the  prices  fixed  by  the  state  school  book  commission  for  their 
sale  by  dealers  in  the  several  counties.  Provided,  however,  that  the 
pay  for  same  shall  accompany  the  order. 

Expenses  of  Commission. 

Sec.  155  a.  XII.  The  sum  of  one  thousand  dollars,  or  so  much 
thereof  as  may  be  necessary,  for  the  year  one  thousand  nine  hundred 
and  twelve  and  each  fifth  year  thereafter  is  hereby  appropriated  for 
the  purpose  of  defraying  the  expense  of  the  state  school  book  com- 
mission, as  hereinbefore  provided.  The  bills  for  such  expenses  shall 


SCHOOL  LAW  OF  WEST  VIEGINIA.  79 

be  approved  by  said  commission  and  presented  in  the  usual  way  for 
payment  out  of  the  state  treasury. 

Gifts  or  Bribes. 

Sec.  155  a.  XIII.  Any  member  of  the  state  school  book  commission 
who  shall  receive,  solicit  or  accept  any  gift,  present  or  thing  of  value  to 
influence  him  in  his  vote  for  the  adoption  of  books,  or  any  person  who 
shall  either  directly  or  indirectly  give  or  offer  to  give  any  such  gift, 
present  or  thing  of  value  to  any  member  of  said  state  school  book 
commission  to  influence  him  in  voting  .for  the  adoption  of  books  shall 
be  guilty  of  a  felony,  and  upon  conviction  thereof  shall  be  punished 
by  confinement  in  the  penitentiary  of  this  state  not  less  than  one  year 
nor  more  than  three  years. 

Repeal. 

Sec.  155  a.  XIY.  All  acts  or  parts  of  acts  inconsistent  with  this  act 
are  hereby  repealed;  but  nothing  in  this  act  contained  shall  be  con- 
strued as  repealing  sections  thirty-five  and  thirty-six  of  chapter  twenty- 
seven  of  the  acts  of  the  Legislature  of  West  Virginia  of  the  extra 
session  of  1908. 

MISCELLANEOUS  PROVISIONS. 
No  School  Teacher  or  Officer  to  Act  as  Agent — Penalty. 

Sec.  156.  No  school  officer  or  teacher  of  any  free  school  shall  act  as 
agent  for  any  author,  publisher,  bookseller,  or  other  person  to  introduce 
or  recommend  the  use  of  any  book,  apparatus,  furniture,  or  other 
articles  whatever,  in  any  free  school  of  this  state,  or  directly  or  indi- 
rectly contract  for  or  receive  any  gifts  or  reward  for  so  introducing  or 
recommending  the  same,  nor  shall  any  such  school  officer  or  teacher  be 
otherwise  interested  in  the  sale,  proceeds  or  profits  of  any  book  or  other 
things  used,  or  to  be  used  in  said  schools :  provided,  that  nothing  herein 
shall  be  construed  to  apply  to  any  book  written,  or  thing  invented  by 
such  person. 

Misdemeanor. 

Sec.  157.  Any  person  violating  the  provisions  of  section  one  hun- 
dred and  fifty-six  shall  be  guilty  of  a  misdemeanor,  and  upon  convic- 


80  SCHOOL  LAW  or  WEST  VIKGLNTIA. 

tion  thereof  be  fined  not  less  than  fifty  nor  more  than  one  hundred 
dollars. 


No  School  Officer  to  be  Interested  in  Contract. 

Sec.  158.  No  county  superintendent,  member  of  a  board  of  educa- 
tion, or  trustee  of  any  sub-district,  shall  directly  or  indirectly  become 
personally  interested  in  any  contract  for  building  or  repairing 
school  houses  in  his  district,  or  be  or  become  directly  or  indirectly, 
pecuniarily  interested  in  the  proceeds  of  any  contract  in  the  award  or 
letting  of  which,  he  may  have  any  voice  or  control ;  any  county  super- 
intendent, member  of  such  board,  or  any  trustee,  violating  this  sec- 
tion, shall  be  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  fined  not  less  than  fifty  and  not  more  than  one  hundred  dol- 
lars. 

Penalty  Not  Otherwise  Provided. 

Sec.  159.  If  any  officer  or  teacher,  fail  to  perform  any  duty  required 
of  him  by  this  chapter  or  violate  any  provision  thereof  and  there  is 
no  other  fine  or  punishment  imposed  therefor,  by  law,  he  shall  be  fined 
not  less  than  three  nor  more  than  ten  dollars,  for  every  such  offense, 
to  be  recovered  before  a  justice  of  the  peace  of  the  county ;  and  such 
fine  shall  not  impair  or  affect  his  liability  for  damages  to  any  person 
injured,  nor  the  liability  of  himself  and  his  sureties  on  his  official 
bond.  If  the  board  of  education  of  any  district  or  independent  school 
district,  fail  to  perform  any  duty  required,  each  member  of  such  board 
shall  be  liable  to  the  full  penalty  imposed  by  this  section,  unless  he 
show  that  he  was  not  guilty  of  any  neglect  or  default  in  the  premises. 

Special  Elections. 

Sec.  160.  Whenever  any  special  election  is  to  be  held  under  the 
provisions  of  this  chapter,  the  time,  place  and  manner  of  holding  and 
conducting  the  same,  and  the  manner  of  certifying  the  result  thereof 
shall  be  first  fixed  and  determined  by  the  board  ordering  the  same  to 
be  held,  and  shall  conform  as  nearly  as  practicable  under  all  the 
circumstances  to  the  law  now  in  force  as  to  general  elections. 

Definitions. 

Sec.  161.  The  words  used  in  this  chapter  and  in  any  proceedings 
pursuant  thereto,  shall,  unless  the  context  clearly  indicates  a  different 


SCHOOL  LAW  OF  WEST  VIRGINIA.  81 

meaning,  be  construed  as  follows :  (1)  "School"  shall  mean  the  pupils 
and  teacher  or  teachers  assembled  in  one  room.  (2)  "Primary  school" 
shall  mean  a  school  graded  according  to  the  scheme  formulated  by  the 
common  course  of  study  and  devoted  exclusively  to  instruction  in  a 
part  or  all  of  the  work  prescribed  for  the  primary  grades.  (3)  "Gram- 
mar" or  "Intermediate  school"  shall  mean  a  school  graded  according  to 
the  scheme  formulated  by  the  committee  on  course  of  study  and  devoted 
exclusively  to  instruction  in  a  part  or  all  of  the  work  prescribed  for  the 
grammar  grades.  (4)  "High  school"  shall  mean  a  school  or  schools 
graded  according  to  the  scheme  formulated  by  the  committee  on  course 
of  study  and  devoted  exclusively  to  instruction  in  all  of  the  work  pre- 
scribed for  the  high  school  grades.  (5)  "Graded  school"  shall  mean  a 
school  of  two  or  more  rooms,  graded  according  to  the  scheme  formu- 
lated by  the  committee  on  course  of  study  in  which  a  part  of  the  work 
is  done  in  one  room  and  more  advanced  work  in  the  next  room,  there 
being  a  regular  gradation  in  the  work  frpm  one  room  through  all  the 
rooms  from  the  lowest  or  most  elementary  to  the  highest.  (6)  "Holi- 
day" shall  mean  the  first  day  of  January,  the  twenty-second  day  of 
February,  the  thirtieth  day  of  May,  the  fourth  day  of  July,  the  first 
Monday  in  September,  the  twenty-fifth  day  of  December,  a  day  on 
which  an  election  is  held  throughout  the  state,  and  a  day  appointed 
by  the  governor  of  the  state  for  a  public  fast  or  thanksgiving.  (7) 
"Apparatus"  shall  mean  maps,  charts,  globes,  arithmetical  blocks,  rules, 
pointers,  dictionaries  and  atlases.  (8)  "District"  shall  not  mean  inde- 
pendent district. 

Flags  Displayed. 

Sec.  162.  The  board  of  education  may  out  of  the  building  fund  pur- 
chase United  States  flags  four  by  six  feet,  of  regulation  bunting,  for 
school  houses  in  their  district,  and  require  the  same  to  be  displayed 
over  such  school  hoaises  during  the  time  the  school  is  in  session. 

District  Superv'ision. 

Sec.  163.  The  board  of  education  of  any  district  may,  and  upon 
the  application  in  writing  of  a  majority  of  the  taxpayers  of  the  district 
shall  provide  for  district  supervision  of  all  the  county,  village  and  town 
schools  in  the  district  and  establish  rules  and  regulations  necessary 
thereto.  To  this  end  they  shall,  if  so  requested,  employ  a  competent 
teacher,  holding  a  first  grade  certificate  who  shall  devote  his  time  dur- 


82  SCHOOL  LAW  OF  WEST  VIIIGIXIA. 

ing  the  school  term  to  the  thorough,  careful  »nd  profitable  supervision 
of  such  schools  and  as  such  district  superintendent  shall  have  and  exer- 
cise all  the  powers,  duties,  and  privileges  usually  conferred  upon  city 
superintendents.  But  nothing  contained  herein  shall  prevent  such 
boards  of  education  from  employing  and  authorizing  the  principal  of 
any  graded  school  in  the  district  to  perform  ilie  duties  of  a  district 
superintendent  in  addition  to  his  duties  as  such  principal:  proriilai 
that  he  shall  devote  at  least  half  of  the  tiim-  to  such  superintendence. 

The  district  superintendent  shall,  receive  such  salary  as  the  board 
of  education  may  determine,  to  be  paid  out  of  the  teachers'  fund  of  the 
district  as  provided  in  the  case  of  teachers. 

District  superintendents  shall  make  such  reports  as  may  be  required 
by  the  state  superintendent  of  free  schools. 

Board  Nay  Take  Charge. 

Sec.  164.  The  board  of  education  may  take  charge  of  schools  so 
supervised  and  appoint  the  teachers  therefor  and  may  provide  that  all 
the  schools  in  the  district  shall  begin  on  the  same  date. 

Pext-books. 

Sec.  165.  All  the  provisions  of  law  now  in  force  and  effect  for  the 
adoption  of  text-books  shall  continue  operative  until  changed  by  law. 

THE  WEST  VIRGINIA  UNIVERSITY. 

Location. 

Sec.  166.  The  West  Virginia  university  shall  hereafter  remair 
where  now  located  and  shall  continue  to  be  known  as  the  West  Virginia 
university. 

Regents. 

NOTE— Sections  167,  168,  169,  170  and  171  relating  to  the  con- 
trol and  management  of  the  University  were  repealed  in  1909  by  an  act 
creating  the  State  Board  of  Control  and  the  State  Board  of  Regents. 
These  boards  have  charge  of  all  State  institutions.  For  complete  text 
of  this  law  see  page  94. 

Departments. 

Sec.  172.  The  regents  shall  establish  and  maintain  in  the  univer- 
sity,, in  addition  to  the  preparatory  department,,  such  colleges,  schools. 


SCHOOL  LAW  OF  WEST  VIRGINIA.  83 

departments,  divisions,  chairs,  and  courses  of  study  as  may  be  expe- 
dient and  possible,  and  shall  prescribe  the  conditions  for  graduation 
therein  and  confer  the  proper  degree,  and  the  diploma  issued  on  grad- 
uation to  any  student  who  has  taken  at  least  six  courses  in  the  depart- 
ment of  eaucatioii  in  said  institution  shall  be  equivalent  in  all  respects 
to  and  shall  entitle  the  holder  thereof,  upon  application  in  due  form  tc 
th<-  state  superintendent,  to  a  first  grade  certificate  in  duplicate. 

That,  in  order  to  promote  the  improvement  and  advancement  of 
.agriculture,  domestic  science  and  rural  life  among  the  people  of  the 
several  counties  of  the  State  of  West  Virginia,  there  be  and  is  hereby 
created  and  established  in  the  college  of  agriculture,  at  West  Virginia 
university,  an  agricultaral  extension  department  to  be  co-ordinato 
with  the  department  of  instruction  and  the  agricultural  experiment 
station. 

The  work  of  the  agricultural  extension  department  of  the  college  of 
agriculture  shall  be  conducted  under  such  rules,  regulations  and  meth- 
ods as  may  be  prescribed  by  the  state  board  of  regents  and  every  expen- 
diture under  this  act  shall  be  approved  by  the  state  board  of  control, 
and  said  work  shall  consist  of  holding  extension  schools  in  the  various 
counties  of  the  state,  at  which  instruction  shall  be  given  in  soil  fertility, 
horticulture,  stock-raising,  crop  production,  dairying,  domestic  science 
and  kindred  subjects;  of  conducting  farmers'  institutes;  of  giving 
demonstrations  in  orcharding,  soil  improvement,  and  crop  production; 
of  furnishing  speakers  and  exhibits  for  special  agricultural  trains;  of 
giving  instruction  and  demonstrations  at  agricultural  fairs,  farmers' 
institutes,  clubs,  granges,  or  other  organizations  that  may  be  useful  in 
extending  agricultural  knowledge;  of  conducting,  in  co-operation  with 
the  United  States  department  of  agriculture,  boys'  and  girls'  agricul- 
tural clubs ;  of  recommending  county  agricultural  agents  and  supervis- 
ing and  assisting  them  in  advancing  the  agricultural  interests  of  their 
respective  counties;  of  giving  instruction  by  mail  in  agriculture,  do- 
mestic science,  and  kindred  subjects;  of  publishing  bulletins,  circulars, 
and  newspaper  articles;  and  of  such  other  methods  as  may  carry  the 
benefits  of  the  work  of  the  colleges  of  agriculture,  the  agricultural  ex- 
periment station  and  the  United  States  department  of  agriculture 
to  the  people  of  the  several  counties  of  the  State;  and  all  such  itinerant 
educational  work  in  agriculture  and  home  economics  carried  on  under 
appropriations  by  or  to  this  State  shall  be  under  the  control  and  super- 
vision of  said  agricultural  extension  department. 


84  SCHOOL  LAW  OF  WEST  VIRGINIA. 

Cadets. 

Sec.  173.  Besides  prescribing  the  general  terms  upon  which  stu- 
dents may  be  admitted  to  the  university,  the  regents  may  admit,  as 
regular  students  therein,  not  more  than  six  hundred  cadets  in  the  mili- 
tary department.  Such  cadets  shall  not  be  under  sixteen  years  of  age 
nor  over  twenty-four  years  of  age.  Their  term  of  service  shall  be  four 
years,  but  any  cadet  at  the  expiration  of  his  first  term  shall  be  entitled 
to  re-enlist  for  the  further  term  of  two  years  upon  giving  notice  of  his 
intention  to  the  commandant  of  cadets  at  least  thirty  days  before  the 
expiration  of  such  term. 

Free  Tuition. 

Sec.  174.  The  cadets  admitted  under  the  provisions  of  the  preced- 
ing section  shall  be  entitled  to  all  the  privileges,  immunities,  educa- 
tional advantages  and  benefits  of  the  university,  free  of  charge  for  ad- 
mission and  tuition ;  and  each  of  them  may  have  books  and  stationery 
to  the  value  of  fifteen  dollars  in  any  fiscal  year,  free  of  charge.  They 
shall  constitute  the  public  guard  of  the  university  and  the  property 
belonging  thereto,  and  also  of  the  ordnance  and  ordnance  stores  and 
camp  and  garrison  equipage,  of  which  a  sufficient  supply  shall  be  kept 
in  the  arsenal  belonging  to  the  institution;  and  said  cadets  shall  be 
individually  and  collectively  responsible  for  the  preservation  and  safe- 
keeping of  all  arms  and  camp  equipage  belonging  to  said  institution. 

Endowment. 

*  Sec.  175.  The  funds  derived  from  the  sale  of  United  States  land 
warrants  which  have  been  donated  to  this  state  for  the  purpose  of 
endowing  an  agricultural  college  shall  be  invested  by  the  board  of  the 
school  fund  in  a  loan  of  public  stock  of  the  United  States  or  other- 
wise, as  required  by  congress,  for  the  use  and  benefit  of  the  said 
university. 

State  Treasurer  to  Receive  Grant. 

*Sec.  176.  For  the  use  and  purposes  of  the  West  Virginia  Uni- 
versity there  is  hereby  set  apart  the  sum  of  twenty  thousand  dollars  out 


*See  Appendix  A  for  law  creating  a  state  board  of  control  and  a  state  board  of 
regents. 


SCHOOL  LAW  OF  WEST  VIKGINIA.  85 

of  the  animal  appropriation  made  by  the  act  of  congress,,  approved 
August  thirtieth,  eighteen  hundred  and  ninety,  and  the  treasurer  of 
this  state  is  hereby  designated  as  the  proper  officer  to  receive  from  the 
secretary  of  the  treasury  of  the  United  States  the  said  sum  of  money 
to  be  paid  this  state  under  said  act  of  congress.  He  shall  keep  an  exact 
account  of  the  money  so  received  and  shall  place  it  to  the  credit  of  the 
West  Virginia  university  to  be  paid  on  the  order  of  the  board  of  re- 
gents. And  said  treasurer  shall  include  in  his  biennial  report  to  the 
governor  the  statement  of  his  receipts  and  disbursements  under  this 
provision. 

THE  STATE  NOBMAL  SCHOOLS. 

Marshall  College. 

Sec.  177.  The  "West  Virginia  state  normal  school,"  established 
under  and  by  virtue  of  an  act  passed  February  twenty-seventh,  one 
thousand,  eight  hundred  and  sixty-seven,  entitled  "An  act  for  the  es- 
tablishment of  a  state  normal  school,"  shall  be  and  remain  at  Marshall 
College,  in  the  county  of  Cabell,  as  provided  in  said  act,  and  all  the 
provisions  of  said  act,  and  all  other  acts  in  relation  thereto,  shall  be 
and  remain  in  full  force,  except  so  far  as  the  same  may  be  altered  by 
this  chapter. 

Board  of  Regents. 

Note.  Sections  178,  179  and  180  relating  to  the  control  and  man- 
agement of  the  State  Normal  School  and  its  Branches  were  repealed 
in  1909  by  an  act  creating  the  State  Board  of  Control  and  the  State 
Board  of  Regents.  These  boards  have  charge  of  all  State  institutions. 
For  complete  text  of  this  law  see  page  94. 

Fairmont  Branch. 

Sec.  181.  The  branch  of  the  state  normal  school  established  at 
Tairmont,  under  and  in  pursuance  of  the  act  passed  March  fourth,  one 
thousand  eight  hundred  and  sixty-eight,  entitled,  "An  act  providing 
for  the  purchase  of  the  West  Virginia  normal  school  at  Fairmont," 
shall  be  and  remain  at  that  place,  and  all  provisions  of  said  act  shall 
remain  in  full  force,  except  so  far  as  the  same  may  be  altered  by  this 
-chapter.  Said  school  shall  be  under  the  jurisdiction  and  control  of  the 


86  SCHOOL  LAW  OF  WEST  VIRGINIA. 

regents  of  the  state  normal  school,  in  the  same  manner  and  to  the  same 
extent  as  the  state  normal  school  at  Marshall  college. 

West  Liberty  Branch. 

Sec.  182.  The  branch  of  the  state  normal  school  established  at 
West  Liberty,  under  and  in  pursuance  of  the  act  passed  March  first,. 
one  thousand  eight  hundred  and  seventy,  entitled,  "An  act  to  establish 
a  branch  normal  school  at  West  Liberty,  in  Ohio  county,"  shall  be 
and  remain  at  that  place,  and  all  provisions  of  said  act  shall  remain 
in  full  force,  except  so  far  as  the  same  may  be  altered  by  this  chapter. 
Said  school  shall  be  under  the  jurisdiction  and  control  of  the  regents 
of  the  state  normal  school,  in  the  same  manner  and  to  the  same  extent 
as  the  state  normal  school  at  Marshall  college. 

Glenville  Branch. 

Sec.  183.  The  branch  of  the  state  normal  school  established  at 
Glenville  under  and  in  pursuance  of  the  act  passed  the  nineteenth  day 
of  February,  one  thousand  eight  hundred  and  seventy-two,  entitled,. 
"An  act  to  establish  a  branch  normal  school  at  Glenville,  Gilmer  coun- 
ty," shall  be  and  remain  at  that  place,  and  all  the  provisions  of  said 
act  shall  remain  in  full  force  except  so  far  as  the  same  may  be  altered 
by  this  chapter.  Said  school  shall  be  under  the  jurisdiction  and  control 
of  the  regents  of  the  state  normal  school  in  the  same  manner  and  to 
the  same  extent  as  the  state  normal  school  at  Marshall  college. 

Shepherdstown  Branch. 


Sec.  184.  The  branch  of  the  state  normal  school  established  at 
Shepherdstown,  under  and  in  pursuance  of  the  act  passed  and  ap- 
proved February  fourteenth,  one  thousand  eight  hundred  and  seventy- 
two,  entitled,  "An  act  to  establish  a  branch  normal  school  at  Shepherds- 
town,  in  the  county  of  Jefferson,"  shall  be  and  remain  at  that  place  and 
all  the  provisions  of  said  act  shall  remain  in  full,  force  except  so  far  as 
the  same  may  be  altered  by  this  chapter.  Said,  school  shall  be  under 
the  jurisdiction  and  control  of  the  regents  of  the  state  normal  school, 
in  the  same  manner  and  to  the  same  extent  as  the  state  normal  school 
at  Marshall  college. 


SCHOOL  LAW  OF  WEST  VIRGINIA.  87 

Athens  Branch. 

Sec.  185.  The  branch  of  the  state  normal  school  at  Athens,  in 
Mercer  county,  established  by  the  act  passed  the  twenty-eighth  day  of 
February,  one  thousand  eight  hundred  and  seventy-two,  entitled  "An 
act  to  locate  a  branch  state  normal  school  at  Concord  in  the  county 
of  Mercer,"  shall  be  and  remain  at  that  place  and  all  the  provisions 
of  said  act  shall  remain  in  full  force,  except  so  far  as  the  same  may 
be  altered  by  this  chapter.  Said  school  shall  be  under  the  jurisdiction 
and  control  of  the  regents  of  the  state  normal  school  in  the  same 
manner  and  to  the  same  extent  as  the  state  normal  school  at  Marshall 
college. 

Control  and  Management. 

Note.  Sections  186  and  187  relating  to  the  control  and  manage- 
ment of  the  State  Normal  School  and  its  Branches  were  repealed  in 
1909  by  an  act  creating  the  State  Board  of  Control  and  the  State 
Board  of  Regents.  These  boards  have  charge  of  all  State  institutions. 
For  complete  text  of  this  law  see  page  94. 

A  or  nial  Training  for  Colored  Teachers. 

Sec.  188.  The  state  superintendent  of  free  schools  shall  if  possible, 
in  every  year,  make  arrangements  with  some  suitable  institution  of 
learning  in  this  state  for  the  education  and  normal  school  training  of 
a  number  of  colored  teachers  in  proportion  to  the  colored  population 
of  the  state  which  the  non-paying  white  students  in  the  normal 
schools  bear  to  the  white  population  of  the  state;  but  the  amount* to 
be  paid  for  such  education  and  normal  school  training  shall  be  in  the 
same  proportion  to  the  amount  expended  for  the  pay  of  teachers  in 
the  normal  schools  and  its  branches  as  the  said  colored  teachers  are 
in  proportion  to  the  number  of  students,  in  the  normal  school  and 
branches.  And  the  said  amount  shall  be  paid  by  the  state  superinten- 
dent of  free  schools  at  the  end  of  each  school  month  as  provided  in  the 
case  of  the  normal  school  and  branches. 

MONTGOMERY  PREPARATORY  BRANCH  OF  THE  WEST 
YlRdl XI A  UNIVERSITY. 

Location. 

Sec.  189.  The  preparatory  branch  of  the  state  university  hereto- 
fore established  at  Montgomery,  shall  remain  where  now  located  and 


$8  SCHOOL  LAW  OF  WEST  VIRGINIA. 

shall  be  known  as  the  Montgomery  preparatory  branch  of  the  West 
Virginia  university,  by  which  name  it  shall  have  and  hold  all  property, 
funds,  investments,  rights,  powers  and  privileges  granted  by  this  act, 
•by  request,  private  subscriptions,  donation  or  otherwise. 

Control  and  Management. 

Note.  Sections  190,  191,  192,  193,  194  and  195  relating  to  the 
control  and  management  of  the  University  Preparatory  School  located 
at  Montgomery  were  repealed  in  1909  by  an  act  creating  the  State 
Board  of  Control  and  the  State  Board  of  Regents.  These  boards  have 
charge  of  all  State  institutions.  For  complete  text  of  the  law  see 
page  94. 

KEYSEE  PREPARATORY  BRANCH  OF  THE  WEST 
VIRGINIA  UNIVERSITY. 

Location. 

Sec.  196.  The  preparatory  branch  of  the  state  university  hereto- 
fore established  at  Keyser  shall  remain  where  now  located  and  shall 
be  known  as  the  Keyser  preparatory  branch  of  the  West  Virginia 
University,  by  which  name  it  shall  hold  all  the  property,  funds,  invest- 
ments, rights,  powers  granted,  and  may  receive  and  hold  by  bequest, 
private  subscriptions,  donations  or  otherwise,  money  and  other 
property. 

•  Control  and  Management. 

Note.  Sections  197,  198,  198y2,  199,  200,  201,  202  and  203  relat- 
ing to  the  control  and  management  of  the  University  preparatory 
School  located  at  Keyser  were  repealed  in  1909  by  an  act  creating  the 
State  Board  of  Control  and  the  State  Board  of  Regents.  These  boards 
have  charge  of  all  State  institutions.  For  full  text  of  the  law  see 
page  94. 

THE  WEST  VIRGINIA  COLLEGIATE  INSTITUTE. 

Act  of  Congress. 

Sec.  204.  An  act  accepting  the  provisions  of  the  act  of  congress, 
approved  August  thirtieth,  eighteen  hundred  and  ninety,  entitled  "An 
•act  to  apply  a  portion  of  the  proceeds  of  the  public  lands  to  the  more 


SCHOOL  LAW  OF  WEST  VIRGINIA.  89 

complete  endowment  and  support  of  the  colleges  for  the  benefit  of 
agriculture  and  the  mechanic  arts,  established  under  the  provisions 
of  an  act  of  congress,  approved  July  second,  eighteen  hundred  and 
sixty-two,"  and  providing  for  the  apportionment  of  said  endowment 
according  to  the  provisions  of  said  act. 

WHEREAS,  The  congress  of  the  United  States  of  America,  by  an  act 
approved  August  thirtieth,  eighteen  hundred  and  ninety,  entitled, 
"An  act  to  apply  a  portion  of  the  proceeds  of  the  public  lands  to  the 
more  complete  endowment  and  support  of  colleges  for  the  benefit  of 
agriculture  and  the  mechanic  arts,  established  under  the  provisions  of 
an  act  of  congress  approved  July  second,  eighteen  hundred  and  sixty- 
two,"  made  an  appropriation  to  each  state  and  territory  of  fifteen 
thousand  dollars  for  the  year  ending  June  thirtieth,  eighteen  hundred 
and  ninety;  and  an  annual  increase  of  said  appropriation  thereafter 
for  ten  years  by  the  additional  sum  of  one  thousand  dollars  over  the 
preceding  year,  after  which  time  the  annual  amount  so  appropriated 
will  be  twenty-five  thousand  dollars  for  the  more  complete  endowment 
.and  maintenance  of  the  colleges  established  under  the  act  of  congress 
last  aforesaid,  "to  be  applied  only  to  instruction  in  agriculture,  the 
mechanic  arts,  the  English  language,  and  the  various  branches  of 
mathematical,  physical,  natural  and  economic  science,  with  special 
reference  to  their  application  in  the  industries  of  life;  and  to  the 
facilities  for  such  instruction,"  and 

WHEREAS,  By  proviso  in  said  act  no  state  can  obtain  the  benefits 
thereof  where  facilities  are  not  provided  for  the  instruction  of  colored 
.students  in  said  branches  of  study,  either  in  the  same  institution  or 
in  separate  institutions,  and  the  legislatures  of  the  several  states  are 
required  to  make  an  equitable  division  of  said  annual  appropriation 
where  such  separate  institutions  are  provided  and  report  the  same  to 
the  secretary  of  the  interior,  and 

WHEREAS,  The  constitution  of  the  state  of  West  Virginia  forbids  the 
•education  of  white  and  colored  youth  in  the  same  state  schools;  and 
this  state  having  heretofore  made  no  provision  for  the  separate  educa- 
tion of  colored  youth  in  agricultural  and  mechanic  arts;  and  the 
enumeration  of  the  white  and  colored  youth  of  this  state  of  school  age, 
being  about  two  hundred  and  fifty  thousand  white  and  twelve  thousand 
colored,  it  being  the  duty  of  this  state  to  indicate  a  reasonable  propor- 
tion of  said  appropriations  to  be  set  apart  annually  for  the  instruction 
of  the  colored  youth  of  the  state,  the  sum  of  three  thousand  dollars  is 
hereby  indicated  as  an  equitable  portion  of  said  appropriations  for  five 
years  from  the  date  of  the  passage  of  this  act,  and  after  that  time  five 
thousand  dollars  as  long  as  such  appropriation  continues;  and 


90  SCHOOL  LAW  OF  WEST  VIRGINIA. 

WHEREAS,  By  the  terms  of  the  said  act  of  congress  of  the  United 
State,  approved  August  thirtieth,  eighteen  hundred  and  ninety,  it  is 
necessary,  in  order  to  enable  this  state  to  share  in  the  appropriations 
so  made  and  to  be  made  under  the  provisions  of  said  last  recited  act, 
for  the  legislature  to  accept  of  the  provisions  of  said  act  for  and  on 
behalf  of  this  state,  and  to  make  proper  and  suitable  provisions  for 
said  act  upon  which  this  state  will  be  entitled  to  her  distributable 
share  of  said  appropriations,  and  to  designate  the  institutions  of  learn- 
ing to  become  the  beneficiaries  of  said  appropriations,  and  the  officer 
of  this  state  to  whom  the  money  shall  be  paid  by  the  United  States  for 
the  use  of  said  beneficiaries. 

Therefore,  Be  it  Enacted  by  the  Legislature  of  West  Virginia: 
Acceptance  of  Grant. 

Sec.  205.  The  legislature  of  the  state  of  W^est  Virginia  hereby 
accepts  for  said  state,  the  terms  and  provisions  of  the  said  act  of 
congress  of  the  United  States  approved  August  thirtieth,  eighteen 
hundred  and  ninety,  for  the  objects  and  purposes  mentioned  and 
declared  therein,  and  designates  "The  West  Virginia  university/' 
established  in  pursuance  of  the  act  of  congress  of  the  United 
States  passed  July  two,  eighteen  hundred  and  sixty-two,  and  a  sub- 
sequent act  passed  by  said  congress  on  April  nineteen,  eighteen 
hundred  and  sixty-four,  at  Morgantown,  in  the  county  of  Monongalia 
in  this  state  as  a  beneficiary  of  said  appropriation  for  the  instruction 
of  white  students,  and  an  institution  to  be  located  and  provided  for 
the  purpose  as  hereinafter  required  and  directed,  in  the  county  of 
Kanawha,  to  be  called  "The  West  Virginia  Colored  Institute,"  for  the 
beneficiary  of  said  appropriation  for  the  instruction  of  colored  stu- 
dents, to  be  paid  to  each  in  the  proportion  mentioned  in  the  preamble 
to  this  act.  And  the  said  institution  by  the  name  of  'The  West 
Virginia  Colored  Institute,"  shall  have  and  hold  all  the  property, 
funds,  rights,  powers  and  privileges  hereinafter  mentioned. 

Sec.  205-«.  The  institution  for  the  instruction  of  colored  students 
located  at  Institute,  in  the  county  of  Kanawha,  and  designated  by  an 
act  of  the  legislature  of  one  thousand  eight  hundred  and  ninety-one, 
regular  session,  chapter  .sixty-five,  as  "The  West  Virginia  colored 
institute,"  shall  hereafter  be  designated  and  known  as  "The  Wot 
Virginia  collegiate  institute,"  and  shall  have  and  hold  all  the  property, 
funds,  rights,  powers  and  privileges  granted  to  said  institution  in 
said  chapter  sixty-five  of  the  acts  of  the  legislature  of  one  thousand 


SCHOOL  LAW  OF  WEST  VIRGINIA.  91 

eight  hundred  and  ninety-one,  regular  session,  and  such  as  have  been 
or  may  be  granted  to  it  by  the  acts  of  the  legislature  of  this  state. 

Control  and  Management. 

Note — Sections  206  and  207  relating  to  the  control  and  management 

of  the  West  Virginia  Collegiate  Institute  located  at  Institute  were 

repealed  in  1909  by  an  act  creating  the  State  Board  of  Control  and  the 

State  Board  of  Regents.    These  boards  have  charge  of  all  state  insti- 

.  tutions.     For  full  text  of  the  law  see  page  94. 

College  Courses  and  Extension  Work  Authorized. 

Sec.  207-0..  The  board  of  regents  shall  establish  and  maintain  in 
the  West  Virginia  Collegiate  Institute,  in  addition  to  the  departments 
already  established,  such  college  courses  of  study  as  may  be  expedient 
and  possible,  and  shall  prescribe  the  conditions  for  graduation  therein 
and  confer  the  proper  degrees  and  issue  the  proper  diplomas  to  those 
who  complete  such  courses. 

The  West  Virginia  Collegiate  Institute  shall  have  power  and  au- 
thority to  do  extension  work  in  agriculture,  home  economics  and 
such  other  subjects  as  the  board  of  regents  may  direct  among  the  negro 
population  of  West  Virginia. 

Control  and  Management. 

Note — Section  208  relating  to  the  control  and  management  of  the 
West  Virginia  Collegiate  Institute  located  at  Institute  was  repealed 
in  1909  by  an  act  creating  the  State  Board  of  Control  and  the  State 
Board  of  Regents.  These  Boards  have  charge  of  all  state  institutions. 
For  full  text  of  the  law  see  page  94. 

State  Treasurer  to  Receive  Grants. 

Sec.  209.  The  treasurer  of  this  state  is  hereby  designated  as  the 
officer  to  receive  from  the  secretary  of  the  treasury  of  the  United 
States  the  said  several  sums  of  money  so  to  be  paid  to  this  state  afore- 
said, for  the  uses  and  purposes  aforesaid.  He  shall  keep  an  exact 
account  of  the  moneys  so  received,  and  shall  place  to  the  credit  of 
each  of  said  beneficiaries  thereof,  its  due  proportion  of  the  same. 
The  sums  so  placed  to  the  credit  of  the  West  Virginia  University, 
shall  be  paid  out  b}r  him  on  the  order  of  the  board  of  regents  thereof, 


92  SCHOOL  LAW  or  WEST  VIRGINIA. 

and  the  sums  so  placed  to  the  credit  of  the  West  Virginia  colored 
institute,  shall  be  paid  out  by  him  on  the  order  of  the  board  of  regents 
of  said  institute.  And  said  treasurer  shall  include  in  his  biennial 
report  to  the  governor  a  statement  of  his  receipts  and  disbursements 
under  the  provisions  of  this  act. 

Site  and  Buildings. 

Sec.  210.  It  shall  be  the  duty  of  the  board  of  the  school  fund  to 
proceed  with  all  reasonable  dispatch  to  procure  the  necessary  quantity 
of  farming  land  not  exceeding  fifty  acres  in  all  in  some  suitable  and 
proper  locality  in  the  county  of  Kanawha,  with  a  title  thereto  clear 
and  unquestionable,  and  to  erect  the  necessary  buildings  and  make 
the  necessary  improvements  thereon,  for  the  purposes  of  this  act,  and 
to  comply  in  good  faith  with  the  terms  and  conditions,  and  to  carry 
into  effect  the  objects  and  purposes  of  the  acts  of  congress  in  making 
said  appropriations. 

BLUEFIELD  COLORED  INSTITUTE. 

Location. 

Sec.  211.  The  Bluefield  colored  institute  shall  remain  where  now 
located,  and  shall  be  known  as  the  "Bluefield  Colored  Institute," 
by  which  name  it  shall  have  and  hold  all  the  property,  funds,  invest- 
ments, rights,  powers  and  privileges  created  by  this  act,  by  bequest, 
private  subscription,  donation  or  otherwise. 

Control  and  Management. 

Note.  Sections  212,  213,  214,  215,  216,  217  and  218  relating  to 
the  control  and  management  of  the  Bluefield  Colored  Institute  located 
at  Bluefield  were  repealed  in  1909  by  an  act  creating  the  State  Board 
of  Control  and  the  State  Board  of  Regents.  These  boards  have  charge 
of  all  state  institutions.  For  full  text  of  the  law  see  page  94. 

Certain  Sections  Omitted. 

Note — Sections  219  to  265,  both  inclusive,  are  a  part  of  chapter  45 
of  the  Code  and  relate  to  the  control  and  management  of  The  West 
Virginia  School  for  the  Deaf  and  the  Blind ;  the  West  Virginia  Indus- 


SCHOOL  LAW  OF  WEST  VIRGINIA.  93 

trial  School  for  Boys,  and  the  West  Virginia  Industrial  Home  for 
Girls.  These  sections  are  omitted  from  this  edition  of  the  school  law 
because  the  State  Superintendent  is  not  charged  with  the  control  and 
management  of  these  institutions.  The  full  text  of  the  laws  governing 
these  schools  may  be  secured  from  the  State  Board  of  Control,  Char- 
leston. 

Conflicting  Acts  Repealed. 

Sec.  266.     All  acts  and  parts  of  acts  inconsistent  with  the  provi- 
sions of  this  chapter  are  hereby  repealed. 


APPENDIX  A 


STATE  BOAED  OF  CONTROL. 
II ow  Constituted. 

Sec.  1.  The  state  board  of  control,  created  by  chapter  fifty-eight 
of  the  acts  of  the  legislature  of  one  thousand  nine  hundred  and  nine, 
shall  continue,  and  shall  be  a  corporation,  and  have  and  use  a  com- 
mon seal.  It  shall  consist  of  three  members,  not  more  than  two  of 
whom  at  the  time  of  appointment  shall  belong  to  the  same  political 
party,  to  be  appointed  by  the  governor  by  and  with  the  advice  of  the 
state  senate.  The  term  of  office  shall  be  six  years.  The  members 
now  in  office  shall  serve  to  the  end  of  their  respective  terms,  unless 
sooner  removed  as  herein  provided.  The  governor  may  remove  any 
member  for  incompetency,  neglect  of  duty,  drunkenness,  gross  immor- 
ality, malfeasance  in  office,  or  for  other  good  cause,  and  fill  the  va- 
cancy made  by  any  such  removal,  or  made  by  death,  resignation  or 
otherwise,  by  appointment  for  the  unexpired  term.  The  salary  of 
each  member  shall  be  five  thousand  dollars  per  year,  to  be  paid  month- 
ly; and  each  shall  be  paid  his  actual  traveling  and  other  necessary 
expenses  when  absent  from  the  state  capital  on  official  business.  The 
board  shall  be  provided  with  an  office. at  the  state  capital,  and  with 
such  furniture  and  clerical  and  other  assistance  as  shall  be  necessary. 
The  members  shall  give  their  entire  time  to  the  discharge  of  the 
duties  of  their  office.  The  board  shall  choose  one  of  their  members 
president,  and  another  treasurer.  They  may  select  a  secretary  and 
such  other  officers  as  they  may  deem  best.  The  offices  of  treasurer 
and  secretary  may  be  held  by  the  same  member.  Before  entering 
upon  the  duties  of  his  office,  each  member  shall  take  and  subscribe  the 
oath  of  office  prescribed  by  the  constitution,  the  certificate  whereof 
shall  be  filed  with  records  of  the  board,  and  he  shall  give  bond  in  the 
penalty  of  ten  thousand  dollars,  conditioned  for  the  faithful  perform- 
ance of  the  duties  of  his  office,  and  to  account  for  and  pay  over  ac- 
cording to  law  all  moneys  or  other  thing  of  value  which  shall  come 
into  his  hands  or  under  his  control  by  virtue  of  his  office;  but  the 
treasurer's  bond  shall  be  in  the  penalty  of  twenty-five  thousand  dol- 


SCHOOL  LAW  OF  WEST  VIRGINIA.  95 

lars.  which  shall  cover  his  liability  as  a  member,  and  as  the  treasurer. 
The  board  may  cause  the  surety  in  any  of  such  bonds  to  be  a  surety 
or  bonding  company  authorized  to  do  business  in  this  state,  and  pay 
the  costs  Thereof  out  of  its  current  or  contingent  expense  fund.  All 
such  bonds  shall  be  approved  as  to  form  by  the  attorney  general,  and 
as  to  sufficiency  by  the  governor,  and  when  so  approved  shall  be 
filed  and  recorded  in  the  office  of  the  secretary  of  state.  In  the  ab- 
sence of  the  president  or  of  the  treasurer  from  the  state  capital,  or 
in  the  disability  of  either,  the  duties  of  his  office  may  be  performed 
by  another  member  of  the  board.  All  deeds,  contracts,  agreements 
and  other  such  writings  may  be  executed  by  the  state  board  of  control 
by  the  signing  of  the  name  of  the  board  thereto  by  the  president,  and 
impressing  the  seal  of  the  board  therein,  attested  by  the  signature 
of  the  secretary;  and  when  so  executed  any  such  deed,  contract,  agree- 
ment or  other  such  writing  shall  be  deemed  the  act  and  deed  of  said 
board,  and  shall  be  admitted  to  record  in  the  office  of  the  clerk  of  the 
county  court,  and  in  any  other  office  or  place  where  writings  are  ad- 
mitted to  record. 

Expenses. 

Sec.  2.  Before  any  expenses  of  any  member  of  the  board  of  con- 
trol or  of  the  board  of  regents,  or  of  any  officer  or  agent  thereof,  or 
before  any  expenses  incurred  by  any  person  under  the  direction  of 
either  of  said  boards,  or  the  expenses  of  any  officer  or  employee  of 
any  institution  under  the  charge  of  said  boards,  shall  be  paid,  a  full 
written  statement  of  every  item  of  such  expenditure,  shall  be  presented 
to  the  auditor,  duly  verified,  which  verification  shall  state  that  the  ex- 
pense bill  is  just,  accurate  and  true,  and  is  claimed  for  cash  ex- 
pended for  the  purposes  named  in  the  statement.  Unless  the  state- 
ment is  so  verified  and  duly  audited,  payment  thereof  shall  not  be 
made. 

Control  and  Management  of  Certain   Institutions. 

See.  3.  The  board  of  control  sha&l  have  full  power  to  manage, 
direct,  control,  and  govern  the  West  Virginia  asylum,  the  second 
hospital  for  the  insane,  the  West  Virginia  hospital  for  the  insane,  the 
West  Virginia  penitentiary,  the  West  Virginia  reform  school,  the 
West  Virginia  industrial  home  for  girls,  miners'  hospital  No.  1, 
miners'  hospital  No.  2,  miners'  hospital  No.  3,  and  the  schools  for 


96  SCHOOL  LAW  OF  WEST  VIRGINIA. 

the  deaf  and  the  blind  and  such  other  institutions,  except  educational, 
as  may  hereafter  be  created  by  law. 

Names  of  Certain  Institutions  Changed. 

• 

Sec.  3-a.  From  and  after  the  thirtieth  day  of  June  of  the  year 
one  thousand  nine  hundred  and  fifteen,  the  name  of  the  West  Virginia 
asylum  shall  be  changed  to  Huntington  state  hospital ;  the  name  of  the 
second  hospital  for  the  insane  shall  be  changed  to  Spencer  state 
hospital ;  the  name  of  the  West  Virginia  hospital  for  the  insane  shall 
be  changed  to  Weston  state  hospital;  the  name  of  miners'  hospital 
number  one,  shall  be  changed  to  Welch  hospital  number  one ;  the  name 
of  miners'  hospital  number  two,  shall  be  changed  to  McKendree 
hospital  number  two;  the  name  of  miners'  hospital  number  three  shall 
be  changed  to  Fairmont  hospital  number  three.  All  statutory  pro- 
visions applicable  to  the  government  and  maintenance  of  said  asylums 
and  hospitals,  and  to  each  of  them,  under  their  old  names,  shall  be 
continued  in  force  and  be  applicable  to  the  government  and  main- 
tenance of  the  same  institutions  under  their  new  names. 

All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed. 

To  Have  Financial  Control  of  Educational  Institutions. 

Sec.  4.  The  board  of  control  shall  have  charge  and  control  of  the 
financial  and  business  affairs  of  the  West  Virginia  university,  of  the 
preparatory  branches  of  the  university  at  Montgomery,  and  at  Keyser, 
of  the  state  normal  school  and  its  branches,  of  the  West  Virginia 
colored  institute  and  of  the  Bluefield  colored  institute  and  have  such 
other  control  and  management  of  said  institutions  as  are  in  this  act 
provided. 

Title  to  Property. 

Sec.  5.  The  title  to  all  property  constituting  or  belonging  to  the 
several  institutions  named  in  sections  three  and  four  and  now  vested 
in  the  several  boards  of  directors,  or  of  regents  thereof,  shall  be  and 
hereby  is  vested  in  said  board  of  control  on  and  after  July  first,  one 
thousand  nine  hundred  and  nine;  and  the  several  boards  now  charged 
with  the  control  and  management  of  said  institutions  shall  thereafter 
have  no  further  legal  existence;  and  the  board  of  control  is,  without 


SCHOOL  LAW  or  WEST  VIRGINIA.  97: 

further  process  of  law.,  authorized  and  directed  then  to  assume  control 
and  management  of  the  said  institutions  subject  to  the  provisions 
of  this  act. 

/ 

Moneys  and  Funds. 

Sec.  6.  All  moneys  and  funds  belonging  to  the  state  which  shall 
come  into  the  hands  or  control  of  the  head  officer,  or  other  officer, 
of  any  of  the  institutions  mentioned  in  sections  three  and  four,  or  of 
any  other  institution,  department,  board,  commission,  or  other  agency 
of  the  state,  or  of  any  person  connected  therewith,  and  under  the  con- 
trol and  management  of  the  state  board  of  control  in  whole  or  in  part, 
or  the  fiscal  or  financial  affairs  of  which  are  subject  to  the  control  or 
management  of  said  board,  shall  be  paid  to  the  treasurer  of  said  board 
at  least  once  in  each  month,  on  or  before  the  tenth  day  of  the  month 
succeeding  the  month  in  which  such  moneys  or  funds  were  received, 
under  such  rules  and  regulations  as  said  board  shall  prescribe.  The 
state  board  of  control  shall  cause  such  money  and  funds  to  be  paid 
into  the  state  treasury  to  the  credit  of  the  proper  fund  of  the  institu- 
tion, department,  board,  commission,  or  other  agency  of  the  state, 
by  depositing  the  same  in  a  state  depository  and  delivering  to  the 
auditor  the  certificate  of  deposit  therefor.  The  auditor  shall  credit 
the  same  to  the  institution,  department,  board,  commission  or  state 
agency  as  shown  by  the  certificate  of  deposit;  and  the  state  board 
of  control  shall  have  authority  to  issue  requisitions,  from  time  to  time, 
on  such  moneys  and  funds  to  be  expended  for  the  support  or  benefit 
of  the  institution,  department,  board,  commission,  or  state  agency 
for  which  the  same  was  appropriated  or  provided,  and  all  such  moneys 
and  funds  are  hereby  appropriated  for  the  purpose.  Such  moneys 
and  funds  are  hereby  named  "state  board  of  control  funds."  When- 
ever the  appropriations  by  the  legislature  are  insufficient  to  pay  the 
expenses  of  conducting  any  of  said  institutions,  the  deficiency  shall 
be  certified  by  the  state  board  of  control  to  the  board  of  public  works. 
Such  certificates  shall  state  the  name  of  the  institution,  the  items  and 
amount  in  detail  needed,  and  the  board  of  public  works  may  direct 
payment  of  the  same  of  any  part  thereof  as  provided  in  chapter  six* 
teen  of  the  acts  of  one  thousand  nine  hundred  and  four. 

Clerical  Assistants — Reports  of  Institutions. 
Sec.  7.     The.  board  of  control  shall  appoint  a  competent  secretary 


98  SCHOOL  LAW  OF  WEST  VIRGINIA. 

and  such  other  clerical  assistants  as  may  be  necessary  to  the  proper 
conduct  of  its  business.  The  salaries  or  compensation  of  the  em- 
ployees of  the  board  shall  be  fixed  by  it,  but  no  salary  or  compensa- 
tion shall  be  increased  to  exceed  the  amount  appropriated  by  the 
legislature  to  pay  the  same.  The  board  shall  cause  to  be  kept  at  its 
office  a  proper  and  complete  set  of  books  and  accounts  with  each  in- 
stitution, which  shall  clearly  show  every  expenditure  authorized  and 
made  thereat.  The  said  books  shall  exhibit  an  account  of  all  appro- 
priations made  by  the  legislature  concerning  any  institution  named 
in  sections  three  and  four,  and  of  all  other  funds  under  the  control 
of  the  board.  It  shall,  in  conjunction  with  and  subject  to  the  ap- 
proval of  the  chief  inspector  of  public  accounting,  prescribe  the  form 
of  vouchers,  records  and  methods  of  keeping  accounts  at  and  by  each 
of  the  institutions  named  in  sections  three  and  four.  Such  vouchers, 
records  and  methods  of  accounts  of  the  institutions  shall  be  as  nearly 
uniform  as  possible.  The  board,  or  any  member  thereof,  shall  have 
the  power  to  investigate  the  conditions  of  and  to  examine  and  check 
the  records  of  any  of  said  institutions  at  any  time.  The  board  shall 
Also  have  the  power  to  authorize  any  of  its  members  or  officers,  its 
book  keeper  and  accountant,  or  any  other  employee,  to  proceed  to  any 
of  the  said  institutions,  and  to  examine  and  check  the  records,  take 
inventory  of  the  property  thereof,  or  any  of  its  departments,  or  for 
any  ether  purposes  the  board  may  deem  necessary.  Any  person  doing 
such  work  shall  receive,  in  addition  to  regular  compensation,  pay 
for  actual  expenses  incurred  thereby,  such  expenses  to  be  paid  in  the 
manner  hereinbefore  provided.  Upon  the  completion  of  any  such 
special  work  the  board  shall  cause  a  full  and  complete  written  report 
of  the  same  to  be  made  to  it  as  soon  as  practicable. 

Powers  and  Duties. 

Sec.  8.  The  state  board  of  control  or  one  or  more  of  its  members 
shall  visit  each  of  the  institutions  under  its  control  and  management 
in  whole  or  in  part  as  often  as  may  be  necessary,  and  may  hold  a 
regular  meeting  of  the  board  at  any  such  institution.  During  any 
such  visitation  the  board  or  any  member  thereof  shall  thoroughly  in- 
spect all  the  departments  thereof  and  investigate  the  condition  and 
management  of  the  same;  and  for  the  purpose  of  aiding  any  such 
investigation  the  board  or  any  member  thereof  shall  have  power  to 
summon  and  compel  the  attendance  of  witnesses,  to  be  examined  under 
oath,  which  any  member  shall  have  the  power  to  administer;  and  the 


SCHOOL  LAW  OF  WEST  VIRGINIA.  99 

board  or  any  member  thereof  shall  have  access  to  all  books,  papers 
•and  property  necessary  to  any  such  investigation,  and  may  order  the 
production  of  any  books,  papers  or  property.  Witnesses,  other  than 
-employees  of  the  state,  shall  be  entitled  to  the  same  fees  as  in  civil 
-cases  in  the  circuit  court.  In  any  investigation  by  the  board,  or  by 
any  member  thereof,  it  or  he  may  cause  the  testimony  to  lq£  taken 
in  shorthand  and  transcribed  and  filed  in  the  office  of  the  board  as 
rsooii  after  the  same  is  taken  as  practicable.  Any  person  refusing 
or  failing  to  obey  the  order  of  the  board,  or  any  member  thereof,  issued 
under  the  provisions  of  this  section,  or  to  give  or  produce  any  evi- 
dence required,  shall  be  reported  by  the  board  or  the  member  thereof 
conducting  the  investigation  to  the  proper  circuit  court  or  the  judge 
thereof,  and  such  person  so  refusing  or  failing  shall  be  dealt  with  by 
^the  court  or  judge  as  for  contempt. 

Appointment  of  Heads  of  Certain  Institutions. 

Sec.  9.  The  governor  shall,  by  and  with  the  advice  and  consent 
•of  the  senate,  appoint  a  superintendent  for  the  West  Virginia  asylum, 
superintendent  for  the  second  hospital  for  the  insane,  a  superinten- 
dent for  the  West  Virginia  hospital  for  the  insane,  a  warden  for  the 
penitentiary,  a  superintendent  for  the  West  Virginia  reform  school, 
a  superintendent  for  the  West  Virginia  industrial  home  for  girls,  a 
superintendent  for  miners'  hospital  No.  1,  a  superintendent  for  miners' 
hospital  No.  2,  a  superintendent  for  miners'  hospital  No.  3,  and  a 
superintendent  for  the  schools  for  the  deaf  and  the  blind.  The  governor 
may  remove  any  superintendent  or  warden  for  incompetency,  neglect 
of  duty,  gross  immorality,  malfeasance  in  office,  or  for  other  good 
•cause,  and  in  case  of  vacancy,  whether  occurring  by  reason  of  removal 
•or  otherwise,  may  declare  the  office  vacant  and  fill  the  same  by  ap- 
pointment for  the  un expired  term.  The  superintendent  of  each  in- 
stitution and  the  warden  of  the  penitentiary  shall  have  the  power 
to  appoint  all  assistants  and  employees  required  for  the  management 
of  the  institution  in  his  charge,  the  number  of  said  assistants  and  em- 
ployees, and  their  compensation,  to  be  first  fixed  by  the  state  board  of 
•control.  The  superintendent  of  any  institution  and  the  warden  of  the 
penitentiary  may,  at  his  pleasure,  discharge  any  person  therein  em- 
ployed. It  shall  be  the  dut}r  of  the  board  to  investigate  any  complaint 
made  against  the  chief  executive  officer  of  any  institution,  and  also 
against  any  other  officer  or  employee  thereof,  if  the  same  has  not  been 
investigated.  The  board  shall  have  the  power  to  recommend  to  the 


100  SCHOOL  LAW  OF  WEST  VIRGINIA. 

governor  the  removal  of  any  such  chief  executive  officer,  or  other  officer, 
setting  forth  in  such  recommendation  the  reasons  for  the  same.  The 
board  shall  fix  the  salaries  or  compensation  of  the  officers  and  em- 
ployees of  the  institutions  named  in  section  three  on  or  before  the  first 
day  of  July  of  each  year,  to  be  paid  during  the  year  to  commence 
July  first,  and  no  change  shall  be  made  therein  excepting  at  the  time 
prescribed  in  this  section.  The  salaries  or  compensation  of  all  offi- 
cers and  employees  of  the  several  institutions  named  in  sections  three 
and  four  shall  be  paid  monthly,  to  include  the  last  day  of  each  month. 
The  chief  officer  of  each  of  the  institutions  named  in  section  three 
shall  be  furnished  quarters,  household  furniture,  board,  fuel  and  light 
for  himself  and  his  family ;  quarters,  household  furniture,  board,  fuel 
and  light  shall  be  furnished  to  such  other  officers  as  is  made  necessary 
by  the  character  of  their  service,  and  the  board  of  control  shall  desig- 
nate those  who  shall  receive  the  foregoing  in  addition  to  their  salary. 

Rules  and  Regulations. 

Sec.  10.  The  board  is.  authorized  to  make  rules  for  the  proper  exe- 
cution of  its  duties  and  powers.  It  shall  also  have  the  power  to  adopt 
rules  and  regulations  for  the  government  of  the  institutions,  named 
in  sections  three  and  four,  and  shall  therein  prescribe,  consistent  with 
the  provisions  of  this  act,  the  duties  of  the  persons  connected  with 
the  management  of  the  said  institutions. 

Shall  Purchase  Supplies. 

Sec.  11.  The  state  board  of  control  is  hereby  authorized  and  re- 
quired to  purchase  all  supplies  for  the  proper  support  and  mainte- 
nance of  the  institutions  named  in  sections  three  and  four,  and  for 
any  other  institution,  department,  board,  commission,  or  other  state 
agency,  under  its  control  or  management  in  whole  or  in  part.  Such 
supplies  shall  be  purchased  whenever  practicable  by  contract  on  com- 
petitive bids,  and  notice  of  the  same  shall  be  given,  whenever  the  board 
thinks  best,  by  publication  in  at  least  two  newspapers  of  general  cir- 
culation in  the  state  for  not  less  than  two  weeks  prior  to  the  award 
made ;  and  a  written  or  printed  notice  shall  be  sent  to  every  manufac- 
turer or  dealer  of  or  in  the  article  or  commodities  for  which  prices  are 
desired  who  has  requested  his  name  to  be  placed  upon  the  mailing  list. 
The  contract  shall  be  awarded  to  the  lowest  responsible  bidder  if  the 
price  be  a  fair  and  reasonable  one  and  not  greater  than  the  market 


SCHOOL  LAW  OF  WEST  VIRGINIA.  101 

price.  The  board  is  authorized  to  require  such  surety  as  it  may  deem 
proper  to  accompany  the  bids  submitted,  and  shall  also  fix  the  amount 
of  the  bond  or  other  security  that  shall  be  furnished  by  the  person, 
firm  or  corporation  to  whom  the  contract  for  any  supplies  is-  awarded. 
The  board  shall  have  the  power  to  reject  any  and  all  bids  submitted  if 
for  any  reason  it  is  deemed  to  the  best  interests  of  the  state  to  do  so, 
and  to  re-solicit  bids  in  accordance  with  the  provisions  of  this  sec- 
tion. The  board  may  determine  the  kind  and  character  of  animals  to 
be  slaughtered  for  meats  for  use  in  the  several  institutions  under  its 
control  and  it  shall  make  such  rules  and  regulations  as  may  be  neces- 
sary for  the  inspection  of  meats,  poultry,  bread  and  other  supplies 
intended  for  use  in  any  of  the  said  institutions.  In  accepting  bids  for 
supplies  preference  shall  be  given  citizens  of  this  state,  other  things 
being  equal.  Whenever  the  board  fail  to  make  contracts  for  supplies 
the  same  may  be  purchased  by  the  chief  officer  in  charge  of  an  in- 
stitution, under  such  rules  and  regulations  as  shall  be  prescribed  by 
the  board  of  control.  It  shall  be  the  duty  of  the  chief  officer  of  each 
institution  named  herein  to  cause  to  be  prepared  estimates  of  supplies 
required  for  the  proper  conduct  and  maintenance  of  the  institution 
under  his  charge,  covering  periods  to  be  fixed  by  the  board  of  control, 
and  to  forward  the  same  to  the  board  in  accordance  with  its  directions. 
No  member  or  officer  of  the  board  of  control,  or  of  the  state  board  of 
regents,  and  no  person  in  their  employ  and  no  officer  or  employee  of 
any  state  institution  shall  be  directly  or  indirectly  interested  in  the 
purchase  of  supplies,  or  in  any  supplies  purchased,  nor  in  any  con- 
tract, agreement  or  undertaking  entered  into  by  and  for  any  of  said 
institutions;  and  if  he  be  so  interested  he  shall  forfeit  his  office,  such 
contract  shall  be  void,  and  such  person  shall  be  liable  to  the  state  upon 
his  official  bond  for  all  damages.  No  member  of  said  board,  no  officer, 
agent  or  employee  thereof,  and  no  officer  of  any  institution  under  their 
charge,  shall  directly  or  indirectly  for  himself  or  for  another,  or  for 
any  such  institution,  receive  or  accept  any  gift  or  gratuity  or  thing 
of  value  from  any  dealer  in  goods,  merchandise  or  supplies  which  are 
or  may  be  used  in  such  institutions,  or  from  any  person,  firm  or  cor- 
poration who  are  or  may  be  interested  in  any  contract  with  such  board 
for  or  on  account  of  the  state.  Any  violation  of  this  section  shall  be 
•a  misdemeanor,  and  be  punished  by  a  fine  of  not  less  than  twenty- 
iive  nor  more  than  five  hundred  dollars. 

Buildings  for  Institutions. 
Sec.  12.     The  state  board  of  control  is  vested  with  authority  to 


102  SCH'OOL  LAW  OF  WEST  VIRGINIA. 

employ  competent  architects  for  the  preparation  of  plans  and  specifi- 
cations for  all  new  buildings  hereafter  to  be  built  by  the  state,  or  for 
the  repairing  or  remodeling  of  existing  buildings,  or  the  construction 
of  additions  thereto;  to  employ  competent  persons  to  superintend 
the  work  of  constructing  new  buildings  or  of  such  repairs,  remodel- 
ing or  additions,  and  to  call  for  bids  and  award  contracts  for  such 
work.  The  board  shall  have  authority  to  erect  any  new  buildings,, 
or  to  make  repairs  or  additions  to,  or  changes  in,  any  buildings  al- 
ready constructed,  without  letting  the  same  to  contract,  or  by  em- 
ploying thereon  the  labor  of  the  inmates  of  any  institution  of  the 
state,  whenever  in  the  judgment  of  the  board  the  best  interests  of  the 
state  will  be  subserved  thereby.  The  board  may  also  provide  with  con- 
tractors for  the  erection  of  new  buildings  or  for  additions  or  repairs- 
to  old  ones,  to  use  thereon  the  labor  of  such  inmates.  The  board  has- 
authority,  whenever  in  its  judgment  a  new  building  is  needed  by  the 
state,  or  whenever  it  is  necessary  to  build  an  addition  or  make  mate- 
rial repairs  to  a  building  already  in  existence,  with  the  approval  of  the 
governor,  to  employ  a  competent  architect  or  architects  to  make  plans 
and  specifications  therefor,  and  estimate  of  the  cost  thereof,  for  sub- 
mission to  the  next  session  of  the  legislature,  to  aid  that  body  in 
making  an  appropriation  for  the  purpose.  The  governor  may  pay 
the  cost  of  such  plans  and  specifications  and  estimates  out  of  his  civil 
contingent  fund,  or  the  board  may  cause  the  same  to  be  paid  out  of 
the  current  expense  fund  or  out  of  any  appropriation  made  for  build- 
ings and  land  or  for  repairs  and  improvements  of  the  institution  for 
which  the  building  or  work  is  designed.  So  far  as  practicable,  here- 
after all  buildings  erected  for  the  use  of  the  state  shall  be  fire-proof. 

Records  of  Institutions. 

Sec.  13.  The  state  board  of  control  shall  prescribe  the  records  to 
be  kept  for  statistical  and  other  purposes  in  the  several  institutions 
named  in  sections  three  and  four.  It  shall  require  a  copy  of  such 
record  to  be  transmitted  to  it  for  the  preceding  month,  and  the  board 
shall  keep  in  its  office  in  a  substantially  bound  book  a  copy  of  every 
report  that  they  may  require  from  the  chief  officers  of  any  institution ; 
and  shall  have  authority  to  assemble  the  chief  officers  of  the  institu- 
tions or  any  of  them  at  its  office,  for  the  purpose  of  discussing  any 
question  which  may  be  common  to  their  welfare.  The  actual  expenses 
made  necessary  in  traveling  to  and  from  such  meeting  and  while  upon 
its  attendance,  shall  be  paid  out  of  the  contingent  fund  of  the  several 


SCHOOL  LAW  OF  WEST  VIRGINIA.  103 

institutions.    All  bills  on  account  of  such  expenses  shall  be  made  and 
paid  as  provided  in  section  two  of  this  act. 

Report  to  Governor. 

Sec.  14.  On  the  first  day  of  October,  one  thousand  nine  hundred 
and  ten,  or  as  soon  thereafter  as  practicable,  and  biennially  thereafter, 
the  board  of  control  shall  file  with  the  governor  a  full  report  of  all 
matters  herein  prescribed,  showing  the  condition  of  all  the  institutions 
under  its  control,  the  cost  of  conducting  the  same  during  the  period 
covered  by  the  report,  naming  the  buildings  contracted  to  be  erected, 
at  what  points,  for  what  purposes,  the  contract  price  and  the  condi- 
tion of  construction,  and  shall  .also  include  therein  a  statement  of  the 
work  and  expenses  of  the  board.  It  shall  also  incorporate  in  its  report 
suggestions  respecting  legislation  for  the  benefit  of  the  several  insti- 
tutions under  its  care,  and  shall  make  estimates  of  appropriations, 
which  in  its  opinion  are  necessary  for  the  maintenance  and  other 
expenses  of  the  institutions  and  for  buildings,  betterments  and  other 
improvements.  The  said  report  shall  also  contain  such  portions  of 
the  biennial  reports  made  by  the  chief  officers  of  the  several  institu- 
tions to  the  board  as  it  may  deem  proper,  also  statement  showing  the 
dates  of  visitation  made  by  the  board  or  by  any  member  thereof  to 
the  several  institutions.  In  its  report  shall  be  included  an  itemized 
statement  of  the  expenses  of  the  board  and  such  other  matters  as  it 
may  deem  pertinent.  There  shall  also  be  published  in  the  report  full 
and  complete  lists  of  the  officers  and  employees  of  the  board  and  of 
the  institutions  named  in  sections  three  and  four,  showing  the  annual 
salary  paid  and  perquisites  allowed  each  officer  or  employee.  The 
governor  is  hereby  empowered  to  call  upon  the  said  board  for  any 
special  report  or  information  relative  to  any  matter  coming  within 
its  authority.  The  governor  may  direct  the  said  board  to  make  any 
special  investigation  into  and  report  upon  any  matter  connected  with 
any  state  institution. 

Gifts  and  Devises. 

Sec.  15.  The  board  of  control  is  hereby  empowered  to  accept  any 
gift  or  devise  of  any  property  or  thing  which  lawfully  may  be  given. 
If  such  gift  or  devise  is  to  any  particular  institution  named  in  sec- 
tions three  and  four,  whatever  profits  shall  arise  from  its  use  or  in- 
vestment, shall  be  paid  into  the  state  treasury  for  the  use  and  benefit 


104  SCHOOL  LAW  OF  WEST  VIRGINIA. 

of  the* said  institution  and  the  board  is  hereby  invested  with  the  title 
to  the  property  which  is,  or  may  be  subject  of  such  gift  or  devise. 

Insurance  on  Buildings. 

Sec.  16.  The  board  of  control  shall  have  charge  and  control  of  the 
insurance  of  all  buildings  and  property  of  the  state  and  shall  keep  the 
same  properly  insured  against  loss  by  fire,,  by  explosion  of  steam  boilers 
and  the  like;  but  the  insurance  of  the  property  of  the  state  at  the 
seat  of  government  shall  be  first  authorized  by  the  board  of  public 
works.  The  board  of  control  shall  keep  a  record  of  all  such  insurance 
which  shall  show  the  name  of  each  insurance  company,  the  number, 
date  and  amount  of  insurance  of  each  policy  written  by  it,  the  rate 
of  premium,  the  building  or  other  property  on  which  insurance  is 
placed,  the  period  for  which  written  and  the  date  of  its  expiration; 
and  the  amount  of  insurance  upon  each  building  and  such  other 
•matters  as  the  board  may  deem  pertinent. 

STATE  BOARD  OF  REGENTS. 

How  Constituted — Salary — Secretary. 

Sec.  17.  There  is  hereby  created  a  state  board  of  regents  which 
shall  be  a  corporation,  and  as  such  may  contract  and  be  contracted 
with,  plead  and  be  impleaded,  sue  and  be  sued,  and  have  and  use  a 
common  seal.  It  shall  consist  of  five  members  including  the  state  su- 
perintendent of  free  schools,  who  shall  be  citizens  of  the  state,  and 
who  shall  be  chosen  from  the  two  largest  political  parties  and  not 
more  than  three  members  shall  belong  to  the  dominant  political  party. 
On  or  before  the  first  day  of  July,  one  thousand  nine  hundred  and 
nine,  the  governor  shall  appoint,  by  and  with  the  advice  and  consent 
of  the  senate,  four  of  said  regents,  one  for  one  year,  and  one  for  two 
years,  one  for  three  years  and  one  for  four  years,  and  thereafter  one 
each  year  for  the  full  term  of  four  years.  The  board  shall  choose  one 
-of  its  members  to  be  president  thereof.  The  governor  may  remove 
any  member  of  the  board  for  incompetency,  neglect  of  duty,  gross 
immorality,  malfeasance  in  office,  or  for  other  good  cause,  and  in 
case  of  vacancy,  whether  occurring  by  reason  of  removal  or  otherwise, 
•may  declare  the  office  vacant  and  fill  the  same  by  appointment  for 
the  unexpired  term.  The  salary  of  each  member  of  said  board,  ex- 
cept the  state  superintendent  of  schools,  shall  be  one  thousand  dollars 


SCHOOL  LAW  OF  WEST  VIRGINIA.  105 

a  year  and  in  addition  thereto  he  shall  be  paid  his  actual  expenses 
while  so  employed,  but  the  state  superintendent  shall  be  allowed  only 
his  necessary  expenses  while  serving  as  a  regent  and  shall  receive  no 
per  diem.  A  verified  itemized  statement  of  their  expenses  shall  be 
filed  with  the  state  auditor  to  be  audited  by  him  before  payment  there- 
for, as  hereinbefore  provided.  The  board  may  employ  a  secretary 
and  fix  his  compensation. 

To  have  Control  of  Educational  Institutions. 

Sec.  18.  The  state  board  of  regents  shall  have  control  of  the  edu- 
cational departments  of  the  several  institutions  named  in  section  four, 
on  and  after  July  first,  one  thousand  nine  hundred  and  nine,  and  the 
several  boards  of  regents  now  in  charge  of  said  institutions  shall  have 
no  legal  existence  after  that  date.  The  state  board  of  regents  shall 
have  authority  to  employ  the  head  teacher  or  president  of  the  uni- 
versity, the  head  teacher  or  superintendent  of  each  of  the  other  of 
said  institutions,  and  the  professors,  other  teachers  and  other  em- 
ployees of  such  institutions.  They  shall  fix  the  compensation  of  such 
president,  superintendents,  professors,  teachers  and  employees,  but 
such  compensation  and  the  number  of  employees,  shall  be  subject  to 
the  confirmation  of  the  board  of  control;  or  if  the  board  of  control 
shall  before  the  beginning  of  any  year  fix  the  total  amount  that  shall 
be  paid  for  the  year  in  compensation  to  such  president,  superinten- 
dents, professors  and  teachers  and  employees,  then  the  board  of  re- 
gents shall  fix  their  respective  salaries  or  compensation,  but  the  aggre- 
gate thereof  shall  not  exceed  the  amount  fixed  by  the  board  of  control 
and  in  no  case  shall  the  amount  fixed  exceed  the  appropriation  made 
for  the  purpose  by  the  legislature. 

All  rights  and  duties  heretofore  belonging  to  the  boards  of  regents 
of  the  institutions  named  in  section  four,  which  are  not  in  conflict 
with  the  provisions  of  this  act,  are  hereby  given  to  the  board  of  re- 
.gents  hereby  created. 

To  Prescribe  Curriculum. 

Sec.  19.  The  state  board  of  regents  shall  have  authority  in  con- 
sultation with  the  head  teacher,  and  professors  and  other  teachers  in 
each  institution  named  in  section  four,  to  prescribe  the  curriculum 
or  course  of  study  to  be  pursued  therein,  and  prescribe  the  text  books 
to  be  used.  The  said  board  may  make  out  and  publish  rules  and 


106  SCHOOL  LAW  OF  WEST  VIRGINIA. 

regulations  to  be  observed  by  all  of  said  institutions,  and  separate 
rules  and  regulations  for  any  one  of  them.  The  board  of  regents- 
shall  also  from  time  to  time  establish  such  departments  of  education 
in  literature,  science,  art,  agriculture,  military  tactics,  and  other 
departments  as  they  may  deem  expedient,  and  as  the  funds  for  such 
purposes  may  warrant,  and  as  the  law  may  permit ;  also  fix  the  tuition,, 
fees  and  charges  for  attending  and  receiving  instructions  in  any  of 
said  departments.  The  state  board  of  regents  shall  meet  with  the- 
state  board  of  control  whenever  the  state  board  of  control  shall  notify 
them  of  such  meeting. 

Report  to  Governor. 

Sec.  20.  On  the  first  day  of  October,  one  thousand  nine  hundred 
and  ten,  or  as  soon  thereafter  as  practicable,  and  annually  thereafter, 
the  state  board  of  regents  shall  make  to  the  governor  a  full  report 
(a  copy  whereof  shall  be  filed  with  the  state  board  of  control  at  the- 
same  time)  which  shall  show  their  transactions  for  the  period  covered 
by  the  report,  the  date,  place  and  duration  of  each  of  their  meetings ; 
the  amounts  paid  to  each  member  of  the.  board  for  compensation 
and  expenses  separately;  the  number  of  persons  employed  about  each 
of  their  said  institutions;  the  official  designation  of  each  of  such  per- 
sons, and  the  amount  and  rate  of  compensation  paid  to  him ;  and  shall 
report  the  amount  disbursed  by  them  of  any  funds  under  their  con- 
trol, stating  the  purposes  for  which  expended  and  the  amount  ex- 
pended for  each  purpose,  and  the  number  of  days  actually  engaged 
by  the  persons  employed  about  each  of  their  said  institutions,  includ- 
ing teachers  and  professors.  Said  report  shall  also  show  the  number 
of  students  actually  attending  each  day  at  each  of  said  institutions,. 
and  the  number  of  students  enrolled  in  each  school  or  department 
of  each  of  said  institutions,  and  the  total  cost  of  each  of  said  schools 
or  departments.  They  shall  furnish  to  the  state  superintendent  of 
free  schools  all  data  which  he  may  request.  The}7  shall  make  special 
reports  to  the  governor  as  he  may  request;  and  may  in  their  report 
make  recommendations  respecting  legislation  needed  to  promote  the- 
welfare  of  their  institutions. 

Report  to  Auditor. 

Sec.  21.  The  state  board  of  control  and  the  state  board  of  regents- 
shall  from  time  to  time  as  may  be  necessary,  make  a  report  to  the- 


SCHOOL  LAW  OF  WEST  VIEGINIA.  10? 

auditor,  which  shall  state  the  names  of  each  person  employed  by  each 
of  them  at  any  of  the  institutions  named  in  sections  three  and  four, 
his  official  designation  and  the  rate  of  compensation  per  month  (or 
by  the  day  or  week  if  employed  for  less  than  a  month)  and  out  of 
what  funds  or  appropriation  the  same  is  payable.  The  chief  officer  or 
head  teacher  of  any  such  institution,  or  other  person  who  may  have 
been  appointed  for  the  purpose  by  the  state  board  of  control,  shall 
make  out  and  certify  to  the  auditor  at  the  end  of  each  month  a  list 
of  persons  to  whom  any  payments  may  be  due,  stating  for  what  pur- 
pose due,  the  amount  due  each  person  and  the  fund  or  appropriation 
from  which  payable;  one  copy  whereof  shall  be  filed  in  the  office  of 
the  institution  where  made,  and  one  in  the  office  of  the  state  board  of 
control.  If  the  auditor  finds  such  list  correct  and  in  accordance  with 
the  reports  made  to  him  by  the  state  board  of  control,  or  the  state 
board  of  regents,  he  may  pay  to  the  persons  entitled  thereto  the 
amounts  so  certified  as  due  each. 

Governor  May  Require  Additional  Duties. 

Sec.  22.  The  governor  may  require  the  state  board  of  control  or 
the  state  board  of  regents  to  perform  any  duty  or  work  pertaining 
to  the  management  and  control  of  any  of  the  institutions  named  in 
sections  three  and  four  and  consistent  with  the  object  of  this  act. 

Shall  Assume  Rights,  Duties  and  Liabilities  of  Abolished  Boards. 

Sec.  23.  All  legal  rights  which  may  now  belong  to  or  which  would 
have  accrued  to  any  board  of  regents  or  of  directors  of  the  institutions 
named  in  sections  three  and  four,  shall  belong  and  accrue  to  the  state 
board  of  control  on  and  after  July  first,  one  thousand  nine  hundred 
and  nine;  and  nothing  in  this  act  contained  shall  be  construed  as  af- 
fecting any  such  rights  but  the  same  shall  be  vested  in,  and  may 
be  exercised  by  said  state  board  of  control,  on  and  after  said  date  as 
fully  as  the  same  might  have  been  exercised  by  any  such  board  of 
regents  or  of  directors,  if  this  act  had  not  become  law.  And  all  obli- 
gations and  liabilities  legally  incurred  by  any  of  said  board  of  regents 
or  board  of  directors  of  any  such  institutions  shall  be  assumed  by  said 
board  of  control. 

Transfer  of  Inmates. 

Sec.  24.  The  state  board  of  control  shall  have  authority  to  transfer 
patients  from  one  institution  for  the  insane,  or  from  any  institution 


108  SCHOOL  LAW  OF  WEST  VIRGINIA. 

hereafter  created  for  epileptics,  feeble-minded,  imbeciles,  or  idiots, 
to  any  other  institution  for  the  insane,  epileptics,  feeble-minded,  im- 
beciles, or  idiots;  to  transfer  inmates. from  the  girls'  industrial  home, 
or  the  boys'  industrial  school,  or  the  schools  for  the  deaf  and  the  blind, 
to  the  homes  for  children  or  orphans;  to  transfer  insane,  epileptic, 
feeble-minded,  imbecilic  or  idiotic  inmates  from  any  institution  of 
the  state  to  any  other  state  institution  conducted  for  their  care  or 
treatment;  and  generally  to  cause  the  transfer  of  any  patient  or  in- 
mate from  any  state  institution,  except  the  penitentiary,  to  any  other 
state  institution  which  is  better  fitted  for  the  care  or  treatment  of  such 
patient  or  inmate,  or  for  other  good  cause  or  reason. 

Bond  may  be  Required. 

Sec.  25.  The  state  board  of  control  shall  have  authority  to  cause  the 
head  officer  or  any  other  officer  of  any  institution,  department,  board, 
commissioner,  or  other  state  agency,  under  its  control  or  management 
in  whole  or  in  part,  or  any  of  its  own  employees,  to  give  bond,  condi- 
tioned for  the  faithful  performance  of  the  duties  of  his  office,  and  to 
account  for  and  pay  over  all  money  and  other  property  of  the  state 
which  shall  come  into  his  hands  or  control  by  virtue  of  his  office  in 
such  penalty  as  the  board  may  deem  proper;  and  may  provide  that 
the  surety  in  any  such  bond  shall  be  a  surety  or  bonding  company 
authorized  to  do  business  in  this  state,  and  cause  the  premium  for 
bonds  so  given  to  be  paid  out  of  the  current  or  contingent  expense  fund 
of  the  institution  or  board  or  body  with  which  the  person  so  bound  is 
connected.  All  such  bonds  shall  be  subject  to  the  approval  of  the  state 
board  of  control;  and,  when  so  approved,  shall  be  filed  with  the  treas- 
urer of  the  board  and  by  him  safely  kept. 

All  acts  and  parts  of  acts  coming  within  the  purview  of  this  act, 
and  inconsistent  therewith,  are  hereby  repealed. 

HOLIDAYS. 

Sec.  1.  That  the  following  days  be  regarded,  treated  and  observed 
as  legal  holidays,  viz. :  The  first  day  of  January,  commonly  called 
New  Year's  Day ;  the  twenty-second  day  of  February,  commonly  called 
George  Washington's  bithday;  the  fourth  day  of  July,  common- 
ly called  Independence  day ;  the  thirtieth  day  of  May,  commonly  call- 
ed Memorial  day;  the  twenty-fifth  day  of  December,  commonly  called 
Christmas  day ;  the  first  Monday  in  September,  commonly  called  Labor 


SCHOOL  LAW  or  WEST  VIRGINIA.  109 

day;  the  twelfth  day  of  February,  commonly  called  Lincoln's  birth- 
day ;  the  twelfth  day  of  October,  commonly  called  Columbus  day ;  pro- 
vided, however,  that  the  common  and  graded  schools  of  this  state, 
the  terms  of  which  shall  have  begun  and  not  having  expired  upon  the 
two  last  named  days  shall  remain  in  session  and  hold  appropriate 
ceremonies  in  honor  of  Abraham  Lincoln  and  Christopher  Columbus, 
respectively,  unless  the  said  days  shall  fall  upon  Saturday  or  Sun- 
day; any  national  or  state  election  day,  and  all  days  that  may  be 
appointed  or  recommended  by  the  governor  of  this  state  or  the  presi- 
dent of  the  United  States  as  days  of  thanksgiving,  or  for  the  general 
cessation  of  business;  and  when  either  of  said  days  or  dates  falls  on 
Sunday,  then  it  shall  be  lawful  to  observe  the  succeeding  Monday  as 
such  holiday;  provided,  that  when  the  return  day  of  any  summons  or 
other  court  proceedings  or  any  notice  or  time  fixed  for  holding  any 
court  or  doing  any  official  act  shall  fall  on  either  of  said  holidays,  the 
ensuing  secular  day  shall  be  taken  as  meant  and  intended. 

THE  CHILD  LABOR  LAW. 

Employment  of  Children  Under  Fourteen  Prohibited. 

Sec.  1.  No  child  under  the  age  of  fourteen  years  shall  be  employed, 
permitted  or  suffered  to  work  in,  about  or  in  connection  with  any 
factory,  mill,  workshop,  or  manufacturing  establishment.  It  shall  be 
unlawful  for  any  person,  firm,  or  corporation  without  written  permis- 
sion from  the  state  commissioner  of  labor  or  county  superintendent 
of  free  schools  to  employ  any  child  under  fourteen  years  of  age  in  any 
business  or  service  whatever  during  the  hours  when  the  public  schools 
of  the  'district  in  which  the  said  child  resides  are  actually  in  session. 

Employment  of  Children  Under  Sixteen  Prohibited,  Unless  Employ- 
ment Certificate  is  Secured. 

Sec.  2.  No  child  under  the  age  of  sixteen  shall  be  employed,  per- 
mitted or  suffered  to  work  in,  about  or  in  connection  with  any  of  the 
establishments  or  occupations  named  in  section  one  of  this  act,  unless 
the  person,  firm  or  corporation  employing  such  child  procures  and 
keeps  on  file,  accessible  to  any  truant  officer,  inspector  of  factories 
or  authorized  agent  of  the  humane  society,  an  employment  certifi- 
cate as  hereinafter  prescribed.  On  termination  of  employment  of 
a  child  whose  employment  certificate  is  on  file,  such  certificate  shall 
be  forthwith  returned  by  the  employers  to  the  person  who  issued  the 
same.  The  employment  certificate  shall  be  issued  only  by  the  super- 
intendent of  schools,  or  by  persons  authorized  by  him  in  writing,  or 


110  SCHOOL  LAW  OF  WEST  VIKGINIA. 

where  there  is  no  superintendent  of  schools,,  then  by  a  person  author- 
ized by  the  local  school  board;  provided,  that  no  member  of  a  school 
board  or  other  person  authorized,  as  aforesaid,  shall  have  authority 
to  issue  such  certificate  to  any  child  then  in  or  about  to  enter  such 
person's  own  employment  or  the  employment  of  a  firm  or  corporation 
of  which  he  is  a  member,  officer  or  employee.  The  person  authorized 
to' issue  an  employment  certificate  shall  not  issue  such  certificate  until 
he  has  received,  examined  and  approved  and  filed  the  following  papers 
duly  executed: 

1.  The  school  record  of  such  child  shall  be  properly  filled  out  and 
signed. 

2.  A  passport  or  duly  attested  transcript  of  the  school  census 
record,  showing  the  date  and  place  of  birth  of  such  child. 

3.  The  affidavit  of  the  parent  or  guardian  or  custodian  of  such 
child  (which  shall  be  required,  however,  only  in  case  no  one  of  the 
-above  mentioned  proofs  of  age  is  obtainable),  showing  the  date  and 
place  of  birth  of  such  child.     Such  affidavit  must  be  taken  before  the 
officer  issuing  the  employment  certificate,  who  is  hereby  authorized 
and  required  to  administer  such  oath  without  demanding  or  receiving 
any  fee  therefor. 

No  employment  certificate  shall  be  issued  until  the  child  in  ques- 
tion has  personally  appeared  before  the  officer  issuing  the  certificate, 
nor  until  such  officer  has  satisfied  himself  that  the  child  can  read  and 
write  legibly  simple  sentences  in  the  English  language,  and  that  the 
child  is  fourteen  years  of  age  or  upwards  and  has  reached  the  normal 
development  of  a  child  of  its  age,  and  is  in  sufficiently  sound  health 
and  physically  able  to  perform  the  work  it  intends  to  do,  which 
shall  be  stated.  In  all  cases  of  doubt,  such  development,  health 
.and  physical  fitness  shall  be  determined  by  a  medical  officer  of  the 
board  or  department  of  health,  or  by  a  physician  appointed  by  the 
school  board.  Every  such  employment  certificate  shall  state  the  race, 
residence,  sex,  and  the  date  and  place  of  birth  of  the  child,  and  that 
the  papers  required  by  the  preceding  sections  have  been  duly 
-examined,  approved  and  filed.  Every  such  certificate  shall  be  signed 
in  the  presence  of  the  officer  issuing  the  same,  by  the  child  in  whose 
name  it  is  issued,  and  it  shall  show  the  date  of  its  issue:  the  school 
record  required  by  the  act  shall  be  signed  by  the  principal  or  chief 
executive  officer  of  the  school  which  such  child  has  attended  and  shall 
be  furnished  on  demand  to  a  child  entitled  thereto.  It  shall  contain 
a  statement  certifying  that  the  child  is  able  to  read  and  legibly  write 
simple  sentences  in  the  English  language,  and  has  received  instruc- 


SCHOOL  LAW  OF  WEST  VIRGINIA.  Ill 

tion  equivalent  to  that  given  in  the  first  four  grades  of  the  common 
schools.  Such  school  record  shall  also  give  the  date  of  birth  and 
residence  of  the  child  as  shown  on  the  records  of  the  school.  The 
employment  certificate  provided  for  must  be  formulated  by  the  state 
superintendent  of  free  schools  and  furnished  in  blank  by  the  clerk 
of  the  local  school  board. 

Fine  for  Violation. 

Sec.  3.  Whoever,  whether  he  be  the  employer,  parent,  guardian  or 
custodian  of  any  child,  employs,  permits  or  suffers  such  child  to  be  em- 
ployed or  to  work  in  violation  of  any  of  the  provisions  of  this  act,  shall 
be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall 
be  fined  not  less  than  $10  nor  more  than  $50  for  each  and  every 
offense. 

Duties  of  Prosecuting  Attorneys. 

Sec.  4.  It  shall  be  the  duty  of  the  prosecuting  attorney  to  enforce 
the  provisions  of  this  act  and  to  prosecute  any  person,  firm  or  corpora- 
tion charged  with  violation  of  the  same,  before  any  magistrate  or 
court  of  competent  jurisdiction  in  this  state;  and  it  shall  be  the  duty 
of  the  truant  officers,  inspectors  of  factories  and  authorized  agents  of 
the  humane  society  to  expose  all  violations  of  this  act  to  the  prosecut- 
ing attorney.  All  fines  collected  for  violations  of  this  act  shall  be 
paid  into  the  building  fund  of  the  school  district  or  independent  dis- 
trict in  which  the  offense  is  committed. 

REGULATIONS  RESPECTING  MINES. 

Employment  of  Boys  Under  Fourteen  and  Females  Prohibited. 

Sec.  26.  No  boy  under  fourteen  years  of  age,  nor  female  persons 
of  any  age  shall  be  permitted  to  work  in  any  coal  mine,  and  in  all 
cases  of  doubt,  the  parents  or  guardians  of  such  boys  shall  furnish 
affidavits  of  their  ages ;  any  operator,  agent  or  mine  foreman  who  shall 
knowingly  violate  the  provisions  of  this  section  or  any  person  know- 
ingly make  a  false  statement  as  to  the  age  of  any  boy  under  fourteen 
years  of  age,  applying  for  work  in  any  coal  mine  shall,  upon  convic- 
tion, be  fined  not  less  than  ten  nor  more  than  five  hundred  dollars, 
or  be  imprisoned  in  the  county  jail  not  less  than  ten  nor  more  than 
ninety  days,  in  the  discretion  of  the  court. 


112  SCHOOL  LAW  OF  WEST  VIRGINIA. 

SPECIAL  DEBT  LEVY. 

Provisions  as  to  Certain  Funds. 

Sec.  8.     If  any  county  or  any  magisterial  district  or  any  school 
district  or  any  independent  school  district  or  any  municipal  corpora- 
tion have   outstanding   unpaid   orders   on    the   treasury   thereof,    or 
unsatisfied  judgments,  which  orders  were  issued  or  which  judgments 
were  recovered  previous  to  the  first  day  of  July  in  the  year  one  thous- 
and nine  hundred  and  fifteen,  the  amount  whereof  is  so  considerable 
that  it  is  impracticable  to  discharge  the  same  out  of  the  proceeds  of  the 
regular  levy,  and  the  county  court  or  board  of  education  or  common 
council,  as  the  case  may  be,  deem  it  inadvisable  to  submit  to  the  voters 
of  the  county,  district  or  municipality  the  question  of  an  additional 
levy  as  provided  in  section  five,  such  court,  board,  or  council  may  lay  a 
levy  in  addition  to  said  regular  levy,  to  be  called  "special  debt  levy," 
not  exceeding  twenty  cents  on  each  one  hundred  dollars  of  the  valua- 
tion of  the  taxable  property  of  the  county,  district,  or  municipality,  as 
the  case  may  be,  according  to  the  last  assessment  of  such  property,  and 
continue  such  levy  for  as  many  years  as  may  be  necessary  to  pay  off 
such  debt  and  the  interest  that  may  accrue  thereon,  but  no  longer. 
The  net  amount  produced  by  any  such  levy,  or  by  any  additional  levy 
authorized  by  section  five,  or  by  any  special  levy  authorized  by  section 
six,  shall  not  be  used  for  any  other  purpose,  as  to  such  special  debt 
levy  than  for  the  payment  of  such  debt,  or  as  to  such  additional  or 
special  levy  than  for  the  purpose  or  purposes  named  in  the  order  sub- 
mitting the  question  to  the  voters.  The  treasurer  of  each  of  such  funds 
shall  keep  an  accurate  account  of  the  same  separately  from  other  funds. 
If,  after  paying  off  such  debts  or  effecting  the  object  of  said  additional 
levy  or  of  said  special  levy,  any  balance  remains  of  any  of  said  funds, 
the  same  shall,  first,  revert  to  the  sinking  fund  of  the  county,  or  of 
the  magisterial   district,   or  independent  school   district,   or   of  the 
municipal  corporation,  as  the  case  may  be ;  or,  secondly,  if  there  be  no 
such  sinking  fund,  it  shall,  in  case  the  fund  was  raised  by  taxes  levied 
throughout  the  county,  revert  to  the  fund  for  general  purposes  of  the 
county;  if  the  fund  was  raised  by  taxes  levied  on  the  property  of  a 
school  district  or  independent  school  district,  said  balance  shall  revert 
to  the  teachers'  fund  of  the  district;  if  the  fund  was  raised  by  taxes 
levied  on  the  property  of  a  municipal  corporation,  said  balance  shall 
revert  to  the  fund  for  general  purposes  of  the  municipality;  and  in 
case  of  a  magisterial  district,  said  balance  shall  revert  to  the  road  fund 
thereof:     Provided,  however,  that  before  any  such  special  debt  levy 


SCHOOL  LAW  OF  WEST  VIRGINIA.  113' 

may  be  laid  as  provided  for  in  this  section,  the  same  shall  be  submit- 
ted to  and  approved  by  the  state  tax  commissioner.  Before  giving 
his  approval,  the  state  tax  commissioner  shall  require  a  certified  state- 
ment or  list  showing  in  detail  the  orders  and  judgments,  including 
names  of  payees  and  amounts  thereof  intended  to  be  paid  by  such 
levy.  The  approval  of  the  state  tax  commissioner  shall  be  in  writing 
and  filed  with  the  clerk,  secretary  or  recorder  of  the  county  court, 
board  of  education  or  municipality,  as  the  case  may  be ;  and  provided, 
further,  that  the  right  to  lay  such  levy  shall  expire  with  the  fiscal 
year  ending  June  thirtieth,  one  thousand  nine  hundred  and  eighteen ; 
and  provided,  further,  that  the  owners  or  holders  of  such  orders  or 
judgments,  which  represent  such  indebtedness,  shall  file  the  same  with 
the  clerk  of  the  county  court,  secretary  of  board  of  education  or  record- 
er of  the  municipality,  as  the  case  may  be,  and  it  shall  be  the  duty  of 
every  such  clerk,  secretary  or  recorder  to  list  such  evidences  of  in- 
debtedness in  the  order  in  which  presented,  giving  the  number,  the 
date,  the  payee,  the  amount  thereof  and  the  date  when  presented  to 
the  sheriff  for  payment,  and  the  present  owner  or  holder ;  and  it  shall 
be  his  further  duty  to  make  four  copies  of  such  list,  one  of  which  shall 
be  retained  in  his  office,  one  certified  to  the  state  tax  commissioner., 
one  to  the  sheriff  or  other  treasurer  of  the  fiscal  body,  one  to  the  county 
court  and  one  to  the  board  of  education  or  council  before  the  first  levy 
term  of  said  bodies  for  the  first  fiscal  year  next  following  the  making 
of  said  lists ;  and  that  such  listed  orders  of  indebtedness  shall  be  paid 
in  the  order  in  which  they  are  so  filed,  out  of  the  said  special  debt  levy 
as  hereinbefore  provided;  and  all  persons  or  corporations  owning  or 
holding  such  evidences  of  indebtedness  as  the  owner,  pledgee,  assignee 
or  collateral  security,  who  shall  fail  to  present  the  same  for  listing 
with  said  officers  before  the  levy  term  in  the  }rear  one  thousand  nine 
hundred  and  seventeen,  shall  be  forever  barred  from  bringing  any  suit, 
action  or  proceeding  for  the  purpose  of  collecting  the  same.  No  sheriff 
or  other  treasurer  of  any  fiscal  body  herein  named  shall  apply  any  part 
of  the  special  debt  levy  hereby  authorized  except  in  payment  of  the  list- 
ed orders  or  evidences  of  debt  hereinbefore  provided  for,  and  in  the 
order  as  herein  provided  for.  And  no  sheriff  or  other  treasurer  shall 
pay  any  order,  draft  or  judgment,  issued  or  recovered  before  July  first, 
one  thousand  nine  hundred  and  fifteen,  out  of  any  funds  in  his  hands 
except  the  special  debt  fund  herein  provided  for,  whenever  the  same  is? 
laid  as  herein  provided  for. 

Penalties  for  Violations. 
Sec.  9.     It  shall  be  unlawful  for  any  county  court,  board  of  educa- 


114  SCHOOL  LAW  OF  WEST  VIRGINIA. 

tion,  or  council  of  a  municipal  corporation,  or  other  body  charged 
with  the  administration  of  the  fiscal  affairs  of  any  comity,  school 
district  or  independent  district,  or  municipality,  to  expend  any  money 
or  to  incur  any  obligation  or  indebtedness  which  such  tribunal  is  not 
•expressly  authorized  by  law  to  expend  or  to  incur.  Xor  shall  any  such 
tribunal  make  any  contract,  express  or  implied,  the  performance  of 
which,  in  whole  or  in  part,  would  involve  the  expenditure  of  money  in 
excess  of  funds  legally  at  the  disposal  of  such  tribunal,  nor  issue  or 
authorize  to  be  issued  any  certificate,  order  or  other  evidence  of  indebt- 
edness which  cannot  be  paid  out  of  the  levy  for  the  current  year,  or  out 
of  the  fund  against  which  it  is  issued.  Xor  shall  any  such  tribunal 
attempt  to  lay  any  levy  the  rate  whereof  shall  exceed  the  rate  specified 
by  law.  Any  indebtedness  created,  contract  made  or  order  or  draft 
issued  in  violation  hereof,  shall  be  void  and  of  no  effect,  and  any  money 
received  thereon  may  be  recovered  from  the  person  receiving  the  same 
by  the  fiscal  body  who  created,  made  or  issued  the  indebtedness,  con- 
tract, order  or  draft. 

Any  member  of  any  such  tribunal,  or  any  officer  or  person,  who  in 
Tiolation  of  any  of  the  provisions  of  this  act  shall  expend  any  money, 
-or  incur  any  debt  or  obligation,  or  make  or  participate  in  the  making 
•of  any  such  contract,  or  be  a  party  thereto  in  any  official  capacity,  or 
issue  or  cause  to  be  issued  any  such  certificate,  order  or  other  evidence 
-of  indebtedness,  shall  be  personally  liable  therefor,  both  jointly  and 
.severally,  and  an  action  may  be  maintained  therefor  by  the  state,  or 
by  any  county,  municipal  corporation,  district  or  person  prejudiced 
thereby,  in  any  court  of  competent  jurisdiction.  Any  such  member, 
officer  or  person  who  shall  negligently  or  wilfully  violate  the  provisions 
of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  more  than  five  hundred  dollars,  or  be  con- 
fined in  jail  not  more  than  one  year,  or  be  both  fined  and  imprisoned, 
.and  in  addition  thereto  shall  forfeit  his  office.  Whenever  any  court 
of  competent  jurisdiction  by  mandamus,  injunction,  or  trial  of  any 
action  at  law,  or  other  judicial  proceeding,  shall  ascertain  or  determine 
that  any  member  or  officer  has  negligently  or  wilfully  violated  any  of 
the  provisions  of  this  section,  it  shall  enter  an  order  declaring  the 
office  of  such  member  or  officer  forfeited. 

Any  taxpayer  of  the  county,  district,  board  of  education  or  munici- 
pality, as  the  case  may  be,  or  the  state  tax  commissioner,  for  the  use 
and  benefit  of  the  county,  district,  board  of  education  or  municipality, 
as  the  case  may  be,  may,  in  his  name  institute  and  prosecute  to  final 
judgment  (including  the  right  of  appeal  to  the  supreme  court  of  the 
state,  in  any  court  having  jurisdiction,  proper  action,  suit,  or  pro- 


SCHOOL  LAW  or  WEST  VIRGINIA.  115 

needing,  against  the  individual  members  of  a  county  court,  board  of 
•education,  municipal  council,  or  other  bodies  in  lieu  thereof,  to  recover 
from  them  any  moneys  expended  in  violation  of,  or  without  authority 
of  law.  All  moneys  recovered  in  any  such  action,  suit  or  proceeding- 
shall  be  paid  into  the  treasury  of  the  proper  fiscal  body  to  the  credit 
•of  the  proper  fund.  The  plaintiff,  in  case  he  prevails,  shall  recover 
his  costs  against  the  defendants,  including  a  reasonable  attorney's 
fee  to  be  fixed  by  the  trial  court,  and  included  in  the  taxation  of  costs. 
Any  such  taxpayer,  or  the  state  tax  commissioner,  shall  have  the  right 
to  institute  and  prosecute  to  final  judgment,  any  proceeding  for  the 
removal  of  any  member  of  any  county  court,  board  of  education, 
municipal  council,  or  other  bodies  in  lieu  thereof,  for  expending  public 
moneys  in  violation  of,  or  without  authority  of  law.  Upon  the  filing 
-of  a  petition  by  such  taxpayer,  or  the  state  tax  commissioner,  either  in 
term  or  vacation,  the  court,  or  judge,  shall  set  a  time  for  hearing 
such  petition.  An  attested  copy  of  the  petition,  and  specification  of 
-charges  therein  contained,  shall  be  served  for  a  period  of  at  least 
twenty  days  upon  the  defendants  named  therein,  and  no  other  plead- 
ing or  notice  of  such  proceeding  shall  be  necessary. 

PUBLIC  LIBEAKIES. 

Definitions. 

Sec.  1.  The  following  words  and  phrases,  wherever  used  in  this 
•act  shall  include  and  be  taken  to  mean  as  follows :  the  word  "munici- 
pality" shall  include  an  incorporated  city,  a  town,  a  county  and  a 
school  district;  "municipal  authority"  shall  include  the  mayor  and 
common  council  of  a  city,  a  town,  or  board  of  commissioners,  or  other 
corresponding  authority  thereof,  county  courts  and  boards  of  educa- 
tion of  school  districts  and  independent  school  districts;  "public 
library"  shall  include  public  library  and  reading  room;  "chief 
executive  authority"  shall  include  mayor  and  city  council  or  other 
•corresponding  authority  in  cities  and  towns ;  and  the  county  court  and 
board  of  education  in  counties  and  school  districts;  "the  directors  of 
public  library  board"  shall  include  the  members  of  public  library 
boards  of  cities,  towns,  counties  and  school  districts  established  under 
this  act. 

Levy- — Upon  Vote  of  People. 
-  Sec.  2.     The  municipal  authority  of  any  municipality  shall  have 


116  SCHOOL  LAW  OF  WEST  VIRGINIA. 

the  power  to  establish,  equip  and  maintain  a  public  library,  or  take 
over  and  maintain  and  support  any  public  library  already  established 
therein,  for  the  use  and  benefit  of  the  inhabitants  of  such  municipality, 
and  may  levy  an  annual  tax  for  the  purpose  of  not  more  than  one  and 
one-half  cents  on  the  one  hundred  dollars,  on  all  the  taxable  property  in 
said  municipality,  such  tax  to  be  levied  and  collected  in  like  manner 
as  the  general  taxes  of  the  municipality,  which  shall  be  kept  separate 
in  a  fund  to  be  known  as  the  "library  fund  ;"  provided,  that  when  any 
municipality  makes  a  levy  for  a  municipality  in  which  there  is  already 
a  municipal  library,  and  the  said  municipality  does  not  join  in  the 
proposed  library,  the  said  municipality  shall  omit  from  the  levy  of 
the  library  tax  all  property  within  the  limits  of  said  municipality  not 
joining  in  said  proposed  library;  provided,  further,  that  before  estab- 
lishing any  public  library,  or  levying  any  tax  therefor,  the  municipal 
authority  shall  submit  the  question  to  the  voters  of  such  municipality, 
and  the  majority  of  the  voters  voting  thereon  shall  authorize  the  estab- 
lishment of  such  library,  and  the  levy  of  such  tax.  The  question  shall 
be  submitted  at  a  general  or  special  election,  upon  the  order  of  said 
municipal  authority  or  upon  the  petition,  in  case  said  municipal 
authority  fail  or  refuse  to  do  so,  in  writing,  of  twenty  per  centum  of 
the  qualified  voters  resident  of  the  municipality  and  the  election, 
when  ordered,  shall  be  conducted,  held  and  returned  in  all  respects  as 
other  elections;  and  the  ballot  used  shall  have  written  or  printed 
thereon  under  the  heading  "public  library  question"  the  words  in  plain 
letters,  "for  public  library,"  "against  public  library."  And  the  munici- 
pal authority  authority  of  said  municipality  shall  give  at  least  two 
weeks  notice  of  said  election  by  publishing  notice  thereof  in  one  or 
more  newspapers  published  in  said  municipality ;  or,  if  none  are  there- 
in published,  by  like  notice  posted  for  a  like  period  at  each  of  the 
voting  places  in  said  municipality,  and  at  five  other  public  places  for 
a  like  period,  before  said  election,  giving  the  date  and  object  of  the 
election. 

Appointment  of  Board. 

Sec.  3.  Whenever  such  public  library  is  established  under  this  act, 
the  chief  executive  authority  of  said  municipality  shall  appoint  a 
board  of  six  directors,  chosen  from  the  citizens  at  large  from  said 
municipality,  with  reference  to  their  fitness  for  such  office.  Such 
directors  shall  hold  office  for  three  years  from  the  first  day  of  July 
following  their  appointment,  and  until  succeessors  are  appointed;  but 
upon  their  first  appointment  they  shall,  at  their  first  meeting,  divide 


SCHOOL  LAW  OE  WEST  VIRGINIA.  11? 

themselves  into  three  classes,  so  that  one-third  of  the  number  shall 
hold  office  for  a  period  of  one  year,  one-third  for  two  years,  and  one- 
third  for  three  years.  No  person  shall  be  ineligible  to  serve  on  said 
board  by  reason  of  sex.  Vacancies  in  the  board  shall  be  reported  to 
the  municipal  authorities,  and  filled  by  appointment  in  like  manner 
as  original  appointments  for  the  unexpired  term.  The  municipal 
authorities  may  remove  any  director  for  misconduct  or  neglect  of 
duty.  No  compensation  shall  be  paid  or  allowed  any  director.  The 
chief  school  officer  of  each  municipality  establishing  a  public  library 
shall  be  ex-officio  a  member  of  its  library  board  in  addition  to  the  six 
directors  provided  for  herein. 

Powers  of  Board  of  Directors. 

Sec.  4.  The  directors  of  each  public  library  established  under 
this  act  shall,  immediately  after  their  appointment,  meet  and  organize 
by  electing  one  of  their  number  as  president,  and  one  as  secretary. 
A  majority  of  all  the  members  of  any  board  shall  constitute  a  quorum 
for  the  transaction  of  business.  They  shall  make  and  adopt  such  by- 
laws, rules  and  regulations  for  their  own  guidance  and  for  the  govern- 
ment of  the  library  as  may  be  expedient  and  not  inconsistent  with 
this  act.  They  shall  have  exclusive  control  of  the  expenditures  of  all 
the  money  collected  for  the  library  fund  and  for  the  construction  of 
any  library  building  or  repairs  thereto,  and  the  supervision,  care  and 
custody  of  the  grounds,  rooms  or  building  constructed,  leased  or  set 
apart  for  the  purpose;  provided,  that  all  money  received  for  public 
library  purposes,  and  deposited  in  the  treasury  of  such  municipality 
to  the  credit  of  the  library  fund,  shall  be  drawn  by  the  proper  munici- 
pal officers  upon  the  proper  authenticated  vouchers  of  the  library 
board.  Public  library  boards  may,  with  the  approval  of  the  municipal 
authority,  lease  and  occupy  or  purchase  or  erect  an  appropriate  build- 
ing for  the  use  of  said  library.  They  shall  have  power  to  appoint  a 
suitable  librarian  and  assistants,  and  prescribe  rules  for  their  conduct, 
and  fix  their  compensation;  and  shall  have  power  to  remove  such 
appointee,  and,  in  general,  to  carry  out  the  spirit  and  intention  of  this 
act  in  establishing  and  maintaining  free  public  libraries  for  their 
respective  municipalities. 

Use  of  Library. 

Sec.  5.  Each  library  established  under  this  act  shall  be  free  for 
the  use  of  the  inhabitants  of  the  municiality  where  located,  subject 


118  SCHOOL  LAW  OF  WEST  VIRGINIA. 

to  such  reasonable  rules  and  regulations  as  the  library  board  may 
adopt  and  publish,  in  order  to  render  the  use  of  said  library  of  greatest 
benefit  to  the  greatest  number ;  and  said  board  may  exclude  from  the 
use  of  said  library  any  and  all  persons  whi  shall  wilfully  violate  such 
rules.  The  board  may  extend  the  privilege  and  use  of  said  library  to- 
non-residents  of  the  municipality  upon  such  terms  and  conditions- 
as  said  board  may  prescribe. 

Report  of  Library  Board. 

Sec.  6.  Each  library  board  shall,  on  or  before  the  first  day  of  July 
in  each  year,  make  report  to  the  municipal  authority  appointing  it, 
stating  the  condition  of  the  library  property,  the  various  sums  of 
money  received  from  the  library  fund,  and  all  other  sources,  and  how 
such  money  was  expended,  the  number  of  books  and  periodicals  on 
hand,  the  number  added  by  purchase  and  gift,  the  number  lost  or 
mislaid,  the  number  of  books  loaned  out  and  the  general  character  of 
such  books,  together  with  an  itemized  budget  estimate  of  expense  of 
the  library  for  the  ensuing  year,  with  such  other  statistical  informa- 
tion and  suggestions  as  they  may  deem  of  general  interest  or  that 
may  be  required  by  said  municipality. 

Gifts,  Devises  or  Bequests. 

Sec.  7.  All  persons  desiring  to  make  donations  of  cash  or  other 
personal  property  or  real  estate  for  the  benefit  of  such  library  shall 
have  the  right  to  vest  the  title  thereof  in  the  library  board  created 
under  this  act,  to  be  held  in  trust  and  controlled  by  such  board  accord- 
ing to  the  terms  and  for  the  purposes  set  out  in  the  deed,  gift,  devise 
or  bequest. 

Penalties  for  Injury  to  Property. 

Sec.  8.  Any  one  who  shall  wilfully  deface  or  injure  any  building 
or  furniture,  or  deface,  injure  or  destroy  any  picture,  plate,  engraving, 
map  newspaper,  magazine  or  book,  or  any  object  of  art  belonging  to  a 
public  library,  shall  be  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  punished  by  fine  of  not  less  than  five  dollars  or  more 
than  fifty  dollars,  or  by  imprisonment  not  exceeding  six  months. 
The  fine  in  each  case  shall  be  paid  to  the  proper  officer  or  custodian 
of  the  library  fund  to  be  used  by  such  library  as  other  money  paid  into 
its  treasury. 


SCHOOL  LAW  OF  WEST  VIRGINIA. 
Penalties  for  Failure  to  Return  Books. 

Sec.  9.  Any  person  who  shall  wilfully  detain  any  book,  newspaper, 
magazine,  pamphlet  or  manuscript  belonginn  to  such  library,  or  to  any 
incorporated  library,  for  thirty  days  after  notice  in  writing  from  the 
librarian,  after  the  expiration  of  the  time  such  books,  newspaper, 
magazine,  pamphlet  or  manuscript  may  be  kept  according  to  the  rules 
and  regulations  of  said  library,  shall  be  liable  for  damages,  to  be 
recovered  by  said  library  board,  by  appropriate  proceeding  before  a 
justice  of  the  peace ;  the  recovery  in  each  case  to  be  paid  to  the  proper 
officer  or  custodian  of  its  funds;  provided,  that  the  notice  required, 
hereby  shall  include  a  copy  of  this  section. 

ABOLISHING  THE  COMMON  DRINKING  CUP. 
Provisions. 

Sec.  1.  That  the  use  of  the  common  drinking  cup,  an  undoubted1 
source  of  communication  of  infectious  diseases,  is  hereby  prohibited  in 
all  public  places,  upon  all  railroad  trains  and  boats,  carrying  pas- 
sengers, in  all  public  buildings  of  every  description,  and  at  public 
drinking  springs  and  fountains  within  this  state.  The  state  board' 
of  health  shall  have  full  authority  to  establish  rules  and  regulations 
to  make  this  prohibition  effective,  as  in  their  judgment  may  seen* 
wise  and  proper. 

Penalties. 

Sec.  2.  All  person,  firms  or  corporations  failing  to  observe  the 
provisions  of  this  act,  or  the  rules  and  regulations  of  the  state  board 
of  health  made  in  relation  thereto,  shall  be  deemed  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof  shall  be  fined  not  less  than  ten. 
nor  more  than  fifty  dollars  for  each  offense. 

PROHIBITING  THE  USE  OF  CIGARETTES  IN  SCHOOL 
HOUSES  AND  ON  SCHOOL  GROUNDS. 

Sec.  4.  Every  person  who  shall  smoke  or  use  a  cigarette  or  cigar- 
ettes in  any  school  building  or  any  buildings  or  such  parts  thereof 
as  may  be  used  for  school  purposes,  or  on  any  lands  used  for  school 
purposes,  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall 
be  punished  for  each  offense  by  a  fine  of  not  less  than  one  nor  more- 
than  five  dollars. 


120  SCHOOL  LAW  OF  WEST  VIRGINIA. 

STATE  DEPARTMENT  OF  HEALTH. 

The  Legislature  of  1915  passed  an  act  creating  a  state  department 
of  health.  The  following  excerpts  from  this  act  are  given  here  because 
-of  the  references  to  schools  and  school  buildings. 

Commissioner  of  Health — Powers  and  Duties. 

Sec.  2.  The  commissioner  of  health  shall  be  appointed  by  the 
governor,  by  and  with  the  consent  of  the  senate,  and  shall  be  a 
physician  skilled  in  sanitary  science,  and  experienced  in  public  health 
administration.  *******  jjjs  Duties  shall  be  to  *****  inspect 
and  report  from  time  to  time  the  sanitary  condition  of  institutions, 
schools  and  school  houses,  public  conveyances,  dairies,  creameries, 
slaughter  houses,  workshops,  factories,  labor  camps,  hotels,  and  places 
where  offensive  trades  or  industries  are  conducted :  inspect  and  report 
the  sanitary  condition  of  streams,  sources  of  water  supply,  and  sewer- 
age facilities;  endeavor  to  enlist  the  co-operation  of  all  physicians, 
and  volunteer  health  organizations  in  the  improvement  of  public 
health;  promulgate  information  to  the  general  public  in  all  matters 
pertaining  to  public  health.  ************ 

Inspectors  and  Examiners — Powers  and  Duties. 

Sec.  4.  Inspectors,  examiners  or  other  persons  appointed  by  the 
commissioner  of  health  may  be  appointed  at  such  time  or  times  as  by 
him  deemed  necessary;  and  they  shall  act  as  representatives  of  the 
commissioner  of  health,  and  under  his  direction,  shall  secure  the 
enforcement  of  the  provisions  of  the  public  health  laws  and  regula- 
tions, and  shall  have  the  right  of  entry  into  any  workshop,  public 
school,  factory,  dairy,  creamery,  slaughter  house,  hotel,  or  other  place 
of  business  or  employment,  or  any  common  carrier  or  public  utility 
when  in  the  discharge  of  official  duties.  Any  person  interfering  with 
•or  attempting  to  interfere  with  any  inspector,  examiner  or  any  other 
duly  authorized  employee  of  the  commissioner  in  the  discharge  of  his 
•duties  under  this  section  shall  be  guilty  of  a  misdemeanor  and  upon 
•conviction  fined  not  exceeding  one  hundred  dollars. 

Public  Health  Council. 
Sec.  7.     Whenever  the  character  and  location  of  plumbing,  drain^ 


SCHOOL  LAW  OF  WEST  VIKGINIA.  121 

age,  water  supply,  sewers  and  disposal  of  sewage,  garbage,  or  other 
waste  materials  of  cities,  towns  and  villages,  offensive  trades,  hotels 
and  labor  camps;  and  the  ventilation,  warming,  natural  lighting  and 
excreta  disposal  in  public  utilities,  in  public  halls,  churches,  school 
houses,  workshops,  prisons  and  all  other  public  institutions,  are  such 
as  to  endanger  the  public  health,  the  public  health  council  shall  have 
power  to  make  and  enforce  rules  regulating  the  same.  ******** 

Control  of  Tuberculosis  Sanitarium. 

Sec.  11.  The  state  department  of  health  shall  have  the  advisory 
medical  supervision  of  the  state  tuberculosis  sanitarium,  and  the  state 
board  of  control  shall  have  the  control  of  the  business  and  fiscal 
affairs  thereof.  The  director  of  the  division  of  preventable  diseases 
under  the  supervision  of  the  commissioner  of  health,  shall  encourage 
measures  for  the  suppression  of  tuberculosis,  such  as  clinics,  camps, 
open-air  schools,  sanitaria,  district  nursing,  anti-tuberculosis  societies, 
diffusion  of  knowledge,  and  other  means. 


APPENDIX  B 


SCHOOL  CALENDAR. 
JULY. 

1.      School  year  begins. 

(On  or  before)  Sheriff  settles  with  County  Financial  Secretary. 
(Before)  Sheriff  reports  delinquent  property. 

1st    Monday. — Board  of  Education  meets  to  determine  number  of 
teachers  to  be  employed  in  their  district  and  to  fix  salaries,  etc. 
4.      Independence  day.     Legal  Holiday. 
3rd  Monday. —  (or  as  soon  thereafter  as  practicable)     Trustees  meet 

to  employ  teachers. 
20.      (On  or  before)   Auditor  notifies  State  Superintendent  of  the 

amount  of  the  General  School  Fund. 
AUGUST. 
1.      (On  or  before)   County  Superintendent  makes  report  to  State 

Superintendent. 

2nd  Tuesday. — Board  of  Education  meets  to  ascertain  the  condition 
of  the  fiscal  affairs  of  the  district  and  to  make  up  an  itemized 
statement  thereof. 
2nd  Tuesday. —  (On  or  before)  Assessor  certifies  value  of  property  to 

Secretary  of  Board  and  County  Superintendent. 
4th  Tuesday. — Board  meets  to  consider  objections  to  estimate  and 

proposed  levy  and  to  lay  levy. 
4th  Tuesday. — (Within  Three  Days  after)  Secretary  reports  rate  of 

levy. 

SEPTEMBER. 
1.      (Before)    Auditor   reports  condition   of   School   Fund   to   the 

Governor  and  the  State  Superintendent. 
1st    Monday — Labor  Day,  Legal  holiday. 

15.      First  installment  of  General  School  Fund  paid  to  Sheriff. 
OCTOBER. 

1.      (On  or  before)  High  School  Aid  Fund  apportioned. 
12.      Columbus  Day — Legal  holiday,  but  schools  must  assemble  and 

hold  appropriate  exercises. 
NOVEMBER. 
Last  Thursday. — Thanksgiving  Day — Legal  Holiday. 


124  SCHOOL  LAW  OF  WEST  VIRGINIA. 

DECEMBER. 

15.      Second  installment  of  General  School  Fund  paid  to  Sheriff. 
25.      Christmas — Legal  Holiday. 
JANUARY. 
1.      New  Year's  Day — Legal  Holiday. 

(On  or  before)  State  Superintendent  makes  report  to  Governor. 
FEBRUARY. 
12.     Lincoln's  Birthday — Legal  Holiday,  but  schools  must  assemble 

and  hold  appropriate  exercises. 
22.      Washington's  Birthday — Legal  Holiday. 
APRIL. 

1.      (On  or  before)   Teachers  take  enumeration. 
15.      (On  or  before)   Secretary  transmits  summary  of  enumeration 

to  County  Superintendent. 
MAY. 

1.      (On  or  before)  County  Superintendent  forwards  to  State  Super- 
intendent report  of  enumeration. 
30.      Memorial  Day — Legal  Holiday. 
JUNE. 

1.       (On  or  before)  State  Superintendent  appoints  member  of  State 
Board  of  Education. 

30.      School  year  ends. 

t 

FOKMS  AND  INSTRUCTIONS. 

ORDER  OF  PROCEEDINGS  AT  THE  FIRST,  SECOND  AND  THIRD  ANNUAL 
MEETINGS  OF  THE  BOARD. 

FIRST   MEETING FIRST  MONDAY  IN   JULY. 

1.  Appoint  a  secretary. 

2.  Appoint  trustees  for  each  sub-district. 

3.  Determine  the  number  of  months  the  schools  shall  be  taught 
in  the  district  during  the  school  year. 

4.  Determine  the  number  of  teachers  that  may  be  employed. 

5.  Fix  the  salaries  of  teachers  according  to  the  grade  of  certificate. 

6.  Estimate  the  number  of  teachers  of  each  grade  that  will  be 
employed. 

7.  Ascertain  the  whole  number  of  months  to  be  taught  in  the 
district  by  teachers  of  each  grade. 

8.  May  establish  graded  and  high  schools,  change  boundaries  of 
sub-districts  and  provide  for  the  erection  of  new  buildings. 

9.  Appoint  truant  officer. 


SCHOOL  LAW  OF  WEST  VIRGINIA.  125 

SECOND  MEETING SECOND  TUESDAY  IN  AUGUST. 

At  this  meeting  the  Board  shall  ascertain  the  condition  of  the  fiscal 
affairs  of  the  district  and  make  up  an  itemized  statement  thereof 
setting  forth: 

1.  The  separate  amounts  due  the  building  fund  and  the  teachers> 
fund  from  all  sources  or  to  become  due  these  funds  within  the  current 
.fiscal  year. 

2.  All  debts  and  demands  upon  both  funds  owed  by  the  district 
or  to  become  due  and  payable  within  the  current  year. 

3.  All  other  expenditures  to  be  made  and  payable  out  of  each 
fund  within  the  current  fiscal  year. 

4.  The  separate  amounts  necessary  to  be  raised  for  each  fund  and 
the  proposed  rates  of  levy. 

5.  The  aggregate  value  of  all  taxable  property  in  the  district, 
stating  separately  the  assessed  value  of  real  estate,  personal  property 
and  property  assessed  by  the  Board  of  Public  Works. 

A  copy  of  the  above  statement  shall  be  prepared  and  certified  for 
publication  as  required  by  Section  21.  The  Board  shall  then  stand 
adjourned  until  the  fourth  Tuesday  in  August. 

THIRD  MEETING FOURTH  TUESDAY  IN  AUGUST. 

The  Board  shall  at  this  meeting  transact  the  following  business : 

1.  Hear  and  consider  any  objections  made  as  provided  for  in 
Section  21,  to  their  estimate  and  proposed  levy. 

2.  Enter  an  order  of  record  showing  the  objections  made  and  the 
reasons  for  the  same. 

3.  Eeconsider  the  original  estimate  and  proposed  rate  of  levy  and 
correct  the  same  if  the  objections  appear  to  be  well  taken. 

4.  Enter  of  record  the  corrections  made. 

5.  Lay  the  levy. 

The  following  calculations  will  be  convenient  for  reference  in  mak- 
ing levies  for  school  purposes : 

Number  of  teacheps  to  be  employed  in  the  district 20 

Number  of  months  to  be  taught  during  the  year 6 

Amount  of  money  to  pay  all  teachers  (estimated) $  5,160 

This  estimate  is  made  as  follows: 

10  No.  1  grade  teachers  at  $50  per  rno 500 

6  No.  2  grade  teachers  at  $40  per  mo 240 


126                       SCHOOL  LAW  or  WEST  VIRGINIA. 
4  No.  3  grade  teachers  at  $30  per  mo 120 


Monthly  pay _ $     860 

Number  of  months . .  6 


Total  for  term. $  5,160 

Deduct  amount  on  hand  including  amount  of  general  school 

fund   (Est.) 1,880 


Amount  to  be  raised  for  teachers'  fund $  3,280 

To  ascertain  the  number  of  cents  to  be  levied  on  every  one  hundred 
dollars'  valuation  of  property  in  the  district  to  raise  $3,300  by  taxa- 
tion, suppose  the  whole  valuation  in  the  district  to  be  $1,200,000. 

EULE — Drop  the  cents,  if  any,  and  add  four  ciphers  to  the  amount 
in  dollars  to  be  raised  by  the  levy,  and  divide  by  the  amount  in  dollars 
taxable  property. 

Example :     1,200,000 )  3,300,000  ( 27y2  cents 
2,400,000 


9,000,000 
•      8,400,000 

600,000 

1,200,000 

Similar  calculations  should  be  made  in  relation  to  the  Building 
Fund. 

FOEM  NO.  I. 

FORM  OF  ORDERS  TO  BE  ENTERED  OF  RECORD  BY  THE  BOARD  OF 
EDUCATION. 

OFFICE  OF  THE  BOARD  OF  EDUCATION 

DISTRICT,  IN  THE  COUNTY  OF 

WEST  VIRGINIA. 

At  a  meeting  of  the  Board  of  Education  held  on  the day  of 

,  19 . .,  there  were  present, president,  and 

and  .........  members  of  the  board. 

On  motion  of ,  it  is  ordered  that be,  and  he  is 

hereby  appointed  Secretary  of  this  Board. 


SCHOOL  LAW  OF  WEST  VIRGINIA.  127 

On  motion  it  is  ordered  that  the  following  named  persons  be  ap- 
pointed trustees  in  the  following  named  sub-districts,  for  a  term  of 
three  years,  and  until  their  successors  are  appointed  and  qualified : 

Trustee  for  Sub-District  No.  1. 


Trustee  -for  Sub-District  No. 


On  motion  of  . ,  it  is  ordered  that  the  salaries  of  teachers 

per  month  for  the  school  year,  shall  be  as  follows,  according  to  the 

grade  of  their  certificates :  For  grade  No.  1,  $ ;  f  or  grade  No. 

2,  $ ;  for  grade  No.  3,  $ 

It  is  found  by  the  board  that  in  addition  to  the  available  funds 

now  on  hand,  $ will  be  necessary  for  the  payment  of  teachers'. 

salaries  for  the  current  year,  and  on  motion  of ,  it  is  ordered 

that  a  tax  of  cents  on  the  one  hundred  dollars'  valuation  of 

the  real  estate  and  personal  property  of  the  district  be  levied  for 
that  purpose. 

(A  similar  order  should  be  entered  in  relation  to  the  levy  for 
Building  Fund.) 

On  motion  of ,  it  is  ordered  that  the  president  and  secre- 
tary of  this  board  be  authorized  to  sign,  in  vacation,  all  proper 
orders  for  the  payment  of  money  out  of  the  teachers'  fund  or  the 
building  fund,  for  the  salaries  of  teachers  employed  and  claims  allowed 
by  the  board,  and  that  they  report  the  orders  drawn  on  each  fund, 
at  the  next  meeting  of  this  board. 

The  secretary  of  this  board  made  a  report  this  day  for  the  several 
orders  drawn  by  him  and  the  president,  on  the  teachers'  fund  and 
the  building  fund,  respectively,  since  the  last  meeting  of  the  board, 

as  follows :     An  order  on  the  teachers'  fund,  in  favor  of , 

a  teacher,  for  $ ;  an  order  in  favor  of ,  a  teacher,  for 

$ ;  also  an  order  on  the  building  fund,  in  favor  of ,  f  or 

work  done  on school  house,  for  $ ;  and  an  order,  in 

favor  of for  furnishing  wood  for school  house 

for  $ 

On  motion  of ,  it  is  ordered  that  when  in  the  opinion  of 


128  SCHOOL  LAW  OF  WEST  VIRGINIA. 

the  president  or  of  the  two  commissioners  it  is  deemed  necessary,  the 
president  or  secretary  may  call  a  special  meeting  of  this  board. 
On  motion  the  board  does  now  adjourn. 


Secretary.  President* 

FOEM  NO.  II. 

ORDER  OF  APPOINTMENT  TO  FILL  A  VACANCY  IN  THE  BOAED  OF 

TRUSTEES. 

[To  be  entered  in  records  of  the  board.] 

There  being  a  vacancy  in  the  board  of  trustees  in  sub-district  No. 

,  in  the  district  of ,  on  motion  of ,  it 

is  ordered  that be,  and  he  is  hereby  appointed  to  fill  said 

vacancy  for  the  unexpired  term,  and  till  his  successor  shall  be  ap- 
pointed and  qualified. 

Note — This  order  of  appointment  should  be  entered  in  the  record  book  of  the  board 
of  education  at  a  regular  meeting  and  a  copy  of  it  signed  by  the  secretary  of  the 
board  served  upon  the  appointee. 

FOEM  NO.  III. 

APPOINTMENT  OF  A  MEMBER  OF  THE  BOARD  OF  EDUCATION  TO 
FILL  A  VACANCY. 

OFFICE  OF  COUNTY  SUPERINTENDENT, 

OF  THE  COUNTY  OF 

,  West  Virginia, ,  19 ... 

It  having  been  made  known  to  me  that  there  is  a  vacancy  in  the 

board  of  education  in district  in  my  said  county,  I 

,  county  superintendent  of  said  county,  in  pursuance 

of  the  authority  vested  in  me  by  law,  hereby  appoint to 

fill  the  vacancy  in  said  board  until  the  next  general  election. 

,  County  Superintendent. 

FOEM  NO.  IV. 

CALL  FOR  SPECIAL  MEETING. 
i 

OFFICE  OF ) 

DISTRICT,     ) 

COUNTY,  W.  VA.     ) 

,19.. 

It  appearing  to that  a  special  meeting  of  the  board  of 

education  of  said  district  is  necessary  to  transact  business  relating 


SCHOOL  LAW  OF  WEST  VIRGINIA.      .  129 

to and  other  matters,  a  meeting  is  hereby  called  at 

at o'clock M, 19 .. 

You  are  requested  to  be  present. 

Secretary. 

To 

FORMS   SUPPLIED  BY  STATE   SUPERINTENDENT. 

Form  ( 

Title  of  Form 


No. 


3 

4 
5 
6 
7 
8 
9 

10 
11 
12 

13 
14 
15 
16 

17 
18 


19 


20 


21 


22 


Teacher's  Daily  Register      (Sec.  98) 

Teacher's  Permanent  Register      (Sec,  98) 

Teacher's  Monthly  Report  to  Board  of  Education      (Sec.  99) 

Teacher's  Monthly  Report  to  Superintendent      (Sec.  163) 

Permanent  Grade  Book      (Sec.  126) 

Teacher's  Report  of  Enumeration      (Sec.  102) 

Secretary's  Report  of  Enumeration      (Sec.  104) 

County  Superintendent's  Report  of  Enumeration      (Sec.  104) 

County  Superintendent's  Annual  Report    -(Sec.  123) 

Trustee's  Annual  Report      (Sec.  63) 

Secretary's  Annual  Report      (Sec.  51) 

County   Superintendent's   Certificate   to   Auditor   of   Apportion- 
ment of  General  School  Fund 

Requisition  on  Auditor  for  General  School  Fund      (Sec.  43) 
Requisition  on  Auditor  for  Corporation  Tax 
Requisition  on  Auditor  for  High  School  Aid      (Sec.  30  e) 
Teacher's  Contract  with  School  Trustees      (Sec.   56) 
Teacher's  Contract  with  Board  of  Education      (Sec.  28) 

County  Superintendent's  Certificate  to  Secretary  of  amount  of 
General  School  Fund      (Sec.  42) 

County  Superintendent's  Certificate  to  Secretary  of  Amount  of 
Corporation  Tax 

County  Superintendent's  Certificate  to  State  Superintendent  of 
Valuations  and  Rates  of  Levies      (Sec.  49) 

County  Superintendent's  Certificate  to  Auditor  of  Valuation  and 
Rates  of  Levies      (Sec.  49) 

Secretary's  Certificate  to  County  Superintendent  of  Valuation 
and  Rates  of  Levies      (Sec.  49) 


130  SCHOOL  LAW  OF  WEST  VIRGINIA. 


Form 
No. 


23 


24 


25 


26-A 


26-B 
26-C 
27-A 
27-B 
27-C 


28-A 


28-B 


28-C 


29 


30 


Title  of  Form 
County  Superintendent's  Order  for  Salary      (Sec.  118) 

Secretary's  Certificate  to  Auditor,  Assessor,  County  Clerk  and 
County  Superintendent  of  Rates  of  Levies      (Sec.  49) 

County  Clerk's  Notice  of  Delinquent  List      (Sec.  44) 
Compulsory  Attendance  Law,  Form  A      (Sec.  73) 
Compulsory  Attendance  Law,  Form  B      (Sec.  77) 
Compulsory  Attendance  Law,  Form  C      (Sec.  76) 
Child  Labor  Law,  Form  A      (App.  A) 
Child  Labor  Law,  Form  B      (App.  A) 
Child  Labor  Law,  Form  C      (App.  A) 
Medical  Inspection  Law,  Form  A 
Medical  Inspection  Law,  Form  B 
Medical  Inspection  Law,  Form  C 
Pupil's  Monthly  Report  Card      (Sec.  126) 
Transfer  of  Pupils      (Sec.  66) 


INDEX 


PAGE.  SEC. 

Abstract  of  proceedings  of  board  to  be  posted,  where,  when 33  46 

Accounts  and  settlements  to  be  made  with  reference  to  school  year       9  1 

Accounts,   sheriff  to  keep  with  boards 67  138 

Account  of  special  debt  levy  to  be  kept  separate 21  24 

Account  of  institute  expenses  to  be  read 59  109 

Action  against  school  officers,  when 22  25 

Action  of  trustees  may  be  revised.  . 39  65 

Action  against  sheriff 70  147 

Acts    prohibited 22  25 

Additional  levy  : 

for   districts   with    towns    and    cities    having    more    than    six 

months'   term 18  21c 

in  teachers  fund  to  pay  minimum  salaries  for  minimum  term  19  21c 

in   districts   maintaining  high   schools 19  21c 

for  current  expenses 19  22 

when  and  how  made 19  22 

to  pay  interest  on   bonded   indebtedness  and  provide  sinking 

fund 20  22 

vote    upon 20       •      22 

ballot  for 20  22 

Additional    salary  : 

may  be  paid  by  board  of  any  district 23  28 

Additional   term  : 

how   provided   for 23  27 

ballot  for 23  27 

Advice  and  consent  of  county  superintendent  to  purchase  apparatus  14  13 

Affidavit  verifying  report  of  enumeration 57  102 

Age,  legal  of  school  attendance 40  69 

of  children   admitted   to  kindergarten   schools 29  34 

of  compulsory  school  attendance 41  72 

minimum,  of  teachers 47  80 

minimum,  of  applicants  for  certificates 49  85 

Agents  of  the  board  of  the  school  fund 73  155 

Agent,  no  school  teacher  or  officer  to  act  as 79  156 

Aggregate  of  taxable  property  to  be  set  forth 17  21c 

Agriculture,    elementary 46  78 

Agricultural  experiment  station    (see  W.   Va.   University) 

Alcoholic  drinks  and  narcotics  ;  nature  of  to  be  taught 46  78 

Allowance  to  be  made  for  delinquent  taxes 17  21c 

Amendment,  constitutional,  concerning  the  school  fund 7 

Apparatus  : 

to  be  purchased  by  board 14  13 

to  be  kept  in  repair .  14  13 

to  be  purchased  only  by  advice  and  consent  of  county  superin- 
tendent   14  13 

for  joint  schools 16  18 

definition   of 81  161 

value  and  kind  of  must  be  reported  by  trustees 38  63 

Appeal  to  county  superintendent,  when 14  12 

to  circuit  court,  when 14  12 

Applicants  for  certificates  : 

minimum   age  of 49  85 


132  INDEX. 

Applicants  for  Certificates— Continued.                                                      PAGE.  SEC. 

to  receive  statement  of  grades,  when 49  86 

to  receive  but  two  third  grade  certificates.  ...» 50  87 

not   to   receive   more   than   one   certificate   of    same   grade   in 

one    year 49  86 

fee  to  be  paid  by 48  84 

to  be  examined  in  what 49  87 

(See  also  certificates.) 
Appointment : 

of    secretary 33  45 

of  trustees 35  53' 

of   teachers 36  56 

of  certain  persons  as  teachers  prohibited 37 

of  truant  officers 41  73 

of  state  board  of  education , 65  130 

of   district  superintendent 81  163 

of  state  board  of  control Appendix  A  94  1 

of  members  state  book  commission 73  155-a-I 

of  physicians  as  medical  inspectors 43  77-b-I 

of  state  board  of  regents Appendix  A  104  17 

Apportionment  of  general  school  fund 31-32       40-42 

Approval  of  location  and  plans  by  county  superintendent 15  14 

Approval  of  trustees  in  transferring  pupils 39  66 

Appropriation  : 

for  examination  of  teachers 47  82 

for  high  school  aid 26  30-(d) 

for  salary  of  state  superintendent 63  124 

Assessor  : 

to   make   certificates    of   valuations   to    secretary    and    county 

superintendent,  when 34  48 

certificates  of  to  serve  as  basis  for  school  levy 34  48 

rate  of  levy  to  be  reported  to  by  secretary 34  49 

penalty  upon,  for  what 34  50 

Assistant   examiners  : 

number  of,  how   determined 47  83 

compensation   of 48 

Assistants  in  examination  of  manuscripts 49  86 

Attendance  at  county  institute  required 58  106 

Attendance  at  district  institute,  credit  for u 59  111 

Attendance  at  school,  to  whom  permitted 40  69 

Attendance,  compulsory   (See  Compulsory  Attendance.) 
Attorney  General : 

to  institute  proceedings,  when   (See  School  Fund.) 

to  prepare  forms  and  instructions  for  certain  elections 22  26 

Auditor  : 

part  of  examination  fees  to  be  sent  to 48  84 

part  of  institute  fees  to  be  sent  to 59  109 

to  report  condition  of  school  fund,  when,  to  whom 72  151 

to  deduct  what  from  general  school  fund 31  40 

to  ascertain  amount  of  general  school  fund  to  be  distributed 

and  report  to  state  superintendent 32  41 

report  of  valuation  and  levy  to  be  made  to  by  county  super- 
intendent    34  49 

August : 

second  Tuesday  in,  second  meeting  of  board 16  21 

fourth  Tuesday  in,  third  meeting  of  board 17  21c 

Authority  of  Teachers 55  97 

Balance  in  sheriff's  hands  turned  over  to  successor 70  149 

Balance   from   supplementary   fund,    if   any,    to   revert    to   general 

school   fund 18  21c 

Balance  from  special  debt  levy  to  revert  to  what 21  i,4 


INDEX.  133 

Ballot :  PAGE.  SEC. 

for  vote  on  levy 16  20 

for  vote  on  additional  levy  to  pay  interest  on  bonds,  etc.  ...  19 

for  vote  on  extension  of  term 23  27 

for  vote  on  district  high  school 25  30  (a) 

Blanks  to  be  prepared  by  state  superintendent 64  126 

Blanks  and  forms 124 

Blind,  West  Virginia  school  for 92 

Bluefield  Colored   Institute 92 

Board  of  Education,  the  State   (See  State  Board  of  Education.) 
Board  of  Education  : 

how  constituted 9  3 

election   of 9  3 

term    of 9  3 

tie  in  vote  for 10  4 

vacancy    in 10  5 

oath  of  members  of 10  6 

a  corporation 10  7 

powers  of  as  a   corporation 11  7 

liability   as  a   corporation 11  7 

process  and  notice  may  be  served  on 11  8 

to  receive,  hold  and  dispose  of  what 11  8 

to  be  deemed  owner  of  what 11  8 

title  to  property  vested  in 11  8 

to  obtain  general  warranty  deed 11  8 

to  retain  school  property,  when ; 12  10 

to  sell  school  property,  when • . . .  .  12  10 

to  have  control  of  schools 13  11 

to  determine  number  and  location  of  schools 13  11 

to  establish  graded  schools  when  necessary 13  11 

to  establish  high  schools 13  11 

to  change  boundaries  of  sub-districts 13  11 

may  increase  or  decrease  number  of  sub-districts 13  11 

to    enter    on   minute    book,    boundaries    of    districts   and    sub- 
districts  14  11 

shall  close  schools,  when 13  11 

to  provide  sites  and  buildings 14  13 

to  locate  buildings  with  reference  to  convenience  of  pupils.  14  13 

to  improve  school  grounds 14  13 

to  provide  furniture,  etc 14  13 

to  keep  furniture,  etc.,  in  repair 14  13 

to  obtain  advice  and  consent  of  county  superintendent  before 

purchasing   what 14  13 

to  have  regard  to  what  in  construction  of  buildings 14  14 

may  condemn   land 15  15 

to  cause  schools  to  be  taught 15  16 

to  employ  teachers,  when 15  16 

may  discontinue   school,   when 15  17 

may  provide  building  jointly 15  18 

to  hold  title  to  joint  building 16  18 

to  require  bond  of  contractors 16  19 

to  hold  meeting  on  second  Tuesday  in  August 16  21 

to  ascertain   condition   of  fiscal   affairs  in   district  and   make 

up   itemized  statement 16  21 

statement  of  to  set  forth  what  (a,  b,  c.) 17  21 

to  convene  fourth  Tuesday  in  August 17  21c 

to  hear  and  consider  objections  to  estimate  and  proposed  levy  17  21c 

to  enter  order  of  record  showing  objections 17  21c 

to  reconsider  and  correct  estimate  and  levies,  when 17  21c 

to  lay  levy  after  making  corrections 17  21c 

may  levy  for  support  of  high  school 19  21c 

may  enter  an  order  relating  to  additional  levy 19  22 


134  INDEX. 


Board  of  Education. — Continued.  PAGE.  SBC. 

to  submit  to  vote  question  of  additional  levy 19  22 

may  lay  additional  levy  for  current  expenses,  when 20  22 

may  lay  additional  levy  for  interest  on  bonds,  when 20  22 

may   continue   to   lay   interest   levy   without   additional   vote, 

how    long 20  22 

shall  publish  notice  of  election  for  additional  levy 20  23 

may  submit  to  voters  question  of  special  debt  levy 21  24 

may  continue  special  debt  levy 21  24 

shall    not    expend    money    or    incur    indebtedness    except    as 

authorized  by  law 22  25 

may  extend  term 23  27 

shall  submit  question  of  longer  term  to  vote,  when 23  27 

shall  notify  ballot  commissioners  of  election  for  longer  term  23  27 

shall  provide  for  extension  of  term,  when 23  27 

shall  fix  salaries  of  teachers  at  first  meeting 23  28 

shall  fix  number  of  teachers  at  first  meeting 23  28 

shall  have  regard  for  grade  of  certificate  in  fixing  salaries  23  28 

may  lay  additional  levy  when  necessary 24  28 

shall  extend  term  in  graded  schools,  when 24  29 

may  pay  more  than  minimum  salaries  to  teachers 23  28 

may   pay   additional    salary    to   teachers   in   graded   and    high 

schools 23  28 

must  submit  to  vote  question  of  district  high  school 25  30 

to  publish  notice  concerning  district  high  school  election ....  25  30 

shall  pay  tuition  of  high  school  pupils,  when 27  30-a 

may  hold  meetings' when 28  32 

may  transact  what  business  at  a  special  meeting 28  32 

may  do  official  business  when  only 28  32 

quorum  of 28  32 

compensation  of 29  33 

to  attend  county  teacher's  institutes. 29  33 

to  prescribe  qualifications  of  kindergarten  teachers 29  34 

may  provide  free  text-books 29  35 

may    purchase    books    for    school    libraries    under    certain    re- 
strictions   30  37 

may  borrow  money  and  issue  bonds,  when,  for  what  purpose.  .  30  39 

must  submit  question  of  bond  issue  to  vote 30  39 

shall  appoint  secretary,  when 33  45 

shall  appoint  trustees,  when 35  53 

to  furnish  trustees  with  record  books 35  53% 

may  remove  teachers  for  what 37  58 

may  declare  teachers'  contract  void,  when 37  58 

may   remove   trustees 36  54 

trustees  to  make  report  to  concerning  what 38  63 

shall  pay  expenses  of  trustees,  when,  from  what  fund 3'8  64 

to  have  supervision  of  trustees 39  65 

may  revise  action  of  trustees,  when 39  65 

shall  pay  for  tuition  of  transferred  pupils 39  67 

may  abolish  sub-districts  and  consolidate  schools,  when 39  68 

to  establish  schools  for  colored  youth 40  70 

may  be  compelled  by  mandamus  to  divide  funds 40  71 

shall  appoint  truant  officers 41  73 

to  pay  truant  officers,  when 42  77 

to  pay  for  taking  enumeration,  when 57  103 

presidents  to  elect  county  superintendent  in  case  of  vacancy.  .  61  116 

account  to  be  kept  with  by  sheriff 67  138 

not  to  be  interested  in  contracts 80  158 

penalty  upon  for  failure  to  perform  duty 80  159 

may  purchase  flags  and  have  them  displayed 81  162 

may  provide  for  district  supervision  ;  shall  when 81  163 


INDEX.  135 

Board  of  Education. — Continued.  PAGE.         SEC. 

may  take  entire  charge  of  schools  so  supervised 82            164 

may  establish  public  library,  when 115                1-9 

Board  of  examiners,    State    (See   State  Board   of   Education.) 

Board  of  public  works,   shall   transfer   funds   from   state   fund   to 

general   school  fund,   when 31              40 

Board  of  Control   (See  State  Board  of  Control) 

Board   of  Regents    (See   State  Board   of   Regents.) 

Board   of  the   School   Fund    (See   School   Fund.) 

Bond  : 

of  county  superintendent 60           115 

additional,  of  sheriff 67            137 

may  be  required  of  agents  of  board  of  school  fund 73            155 

required  of  contractor 16              19 

Bonded    indebtedness,   constitutional   provision 5                8 

additional  levy  to  pay  interest  and  redeem  bonds 19              22 

Bonds  : 

outstanding,  levy  for  to  be  continued 20             22 

may  be  issued  in  any  district  or  independent  district 30             39 

payable  when 30             39 

interest  on  must  be  provided,  for 30             3D 

limitation    concerning 30              39 

question  of  must  be  submitted  to  vote  and  must  receive  three- 
fifths  of  all  votes  cast 30             39 

Books,   School  Text   (see  text-books.) 

Books,  Free  Text  (see  free  text-books.) 

Books   for   School   Libraries : 

may  be  purcuased  by  board 30             37 

maximum  amount  to  oe  expended  for 30             37 

must  be  selected  from  list  prescribed  by  state  superintendent  30              37 

state  superintendent  to  prescribe  list  of 65           129 

Boundaries  of  Sub-Districts : 

may    be    changed 13              11 

to  be  recorded  in  minute  book 13              11 

Branches  in  which  teachers  examined 49              87 

Building  and  repairing  school  houses  ;  bond  for 16              19 

Buildings  (See  School  Houses.) 

Building  Fires   (see  fires.) 

Building  Fund: 

compensation  for  sweeping  house,  etc.,  paid  out  of 38              61 

expenses  of  trustees  paid  out  of 38              64 

fines  paid  into 41             72 

expense  of  conveyance  of  pupils  payable  out  of 40              68 

compensation  for  institute  attendance  paid  out  of 58            106 

fines  for  violation  of  compulsory  attendance  law  credited  to.  .  42              76 

compensation  of  truant  officers  paid  out  of 43              77 

compensation  for  taking  enumeration  paid  out  of 57            103 

amount  in,  due  to,  to  be  raised  for,  to  be  set  forth  in  state- 
ment    16              21a 

demands  upon  to  be  set  forth  in  statement 17              21b 

expenditures  from  to  be  set  forth  in  statement 17              21c 

levy    for 17              21c 

maximum  rate  of  levy  for 18              21c 

Business  may  be  transacted  by  board,  when 28              32 

Cadet  Corps   (See  West  Virginia  University.) 

Calendar,  the  school 123 

Capitation  Tax  : 

constitutional  provision  concerning 4 

proceeds  of  to  go  to  general  school  fund 31              40 

Certificate,  Assessors  : 

to  county  superintendent 34              48 


136  IXDEX. 

Certificate,  Assessors. — Continued.                                                             PAGE.  SEC. 

to  serve  as  basis  for  levy 34  48 

to    secretary 34  48 

Certificates  of  proficiency  in  reading  circle  course .  59  112 

Certificates  ;   Teachers  : 

grade  of  to  determine  salaries 23  28 

required  of  kindergarten  teachers 29  34 

to  be  endorsed  by  secretary 36  57 

to  be  presented  to  board  of  education 36  57 

to*  be  filed  with  secretary • 36  57 

grades   of 49  87 

valid  in  what  schools  ;  include  what  subjects 49  87 

all  matters  relating  to  under  control  of  state  superintendent  47  81 

high  school 51  90 

special 53  92 

short  course 51  88 

normal    school 51  89 

supervisors' 52  91 

state  life 54  93 

emergency ' 54  94 

to  be  signed  by  state  superintendent 49  86 

to  be  countersigned  by  county  superintendent 49  86 

fees    48  84 

how  revoked 55  96 

duration  of 49  87 

renewal  of  elementary   (See  also  Renewal) 50  87 

third  grade  issued  but  twice  to  same  applicant 50  87 

only  one  of  same  grade  to  applicant  in  one  year 49  86 

applicants  to  receive  statement  of  grades  when 49  86 

state     superintendent     and     county     superintendent     to     keep 

register  of 49  86 

immorality    or   neglect   of   duty    on   part   of   persons    holding, 

to  be  reported 55  "  96 

may  be  issued  to  persons  coming  from  other  states,  when ....      51  81-92 
(S*ee  also  Examination  of  Teachers.) 

Change  in  boundaries  of  sub-districts 13  11 

Charges  against  sheriff's  account , 67  139 

Child  Labor  Law  : 

children    under   fourteen   years    of   age    not    to   be    employed, 

etc., Appendix  A.  109  1 

commissioners  of  labor "  109  1 

children    under   sixteen    years    of   age    to    be    em- 
ployed,   etc '  109  2 

employment  certificates "  110  2 

fines  for  violations "            "  111  3 

prosecutions   for  violations '  111  4 

Cigarettes,  use  of  on  school  grounds  prohibited 119  4 

Classes  of  youth  enumerated 57  102 

Classification  of  high  schools 25  30 

Clerk  of  county   court : 

to  certify  name  and  address  of  county  superintendent 61  115 

to   call   meeting   of  presidents   to   appoint   county   superinten- 
dent ;  when,  where 61  116 

vouchers  and  statements  of  sheriff  to  be  returned  to 68  141 

to  keep  record  of  settlement  with  sheriff 69  142 

penalty   upon  ;   for  what 34  50 

levies  to  be  reported  to  ;  constitutional  provision 7 

Collection  of  money  due  school  fund 73  154,  155 

Collegiate  Institute,  the  West  Virginia 88 

graduates  of  to  receive  certificates,  when 51  89 

Colored  Institute,  the  Bluefield..  92 


INDEX. 


137 


Colored  Schools  (See  Schools  for  Colored  Youth.)  PAGE.  SEC. 
Colored  Teachers  : 

normal   training   for 87  188 

(See  also   Schools  for  colored  Youth.) 
Colored  Youth  : 

not  to  be  taught  with  white  ;  constitutional  provision 8 

not  to  be  taught  in  same  school  or  building  with  white  pupils  40             70 

board  to  establish  schools  for 40              70 

funds  to  be  divided  in  proportion  to  number  of 40             71 

(See  also  Schools  for  Colored  Youth.) 

Commission,  state  school  book 73  155  a  I 

Commissioners  School    (See  Board  of  Education.) 

Commissions,    sheriff's 69  144 

Commissions,  of  agents  for  school  fund 73  155 

Committee  on  course  of  study 65  131 

Common  Drinking  Cup,  abolishment  of 119                1 

Compensation  : 

of  president  and  members  of  board 29 

of  school   librarian 30             38 

of   secretary   for   report 35              52 

of  assistant  examiners 47              83 

for  taking  enumeration  ;  when  paid 57  103 

for  attendance  at  county  institute 58  106 

of  institute  instructors 59  108 

of  county  superintendent  for  conducting  examinations 61  118 

of  state  board  of  education '    66  133 

of  agents  for  school  fund 73  155 

for  building  fires  ;  to  be  paid  from  what  fund 38              61 

of  truant  officers  ;  how  and  when  paid 42              77 

of  state  school  book  commission 73  155  a  I 

Complaint  against  parent  or  guardian    (Compulsory  Attendance.) 

may  be  made  by  any  resident  or  teacher 41              73 

truant  officers  shall  make,  when 41              73 

Complaint  concerning  action  of  trustees 39              65 

Compulsory  Attendance  : 

to  whom  applicable 41              72 

who  responsible  for  violation  of -*_^-  41              72 

penalty  for  violation  of 41              72 

fines  for  violation  of  to  be  credited  to  what 41  &  42     72  &  76 

an  offense  ;   what  constitutes 41              72 

exemption   from 41              72 

truant  officers   to   enforce 41              73 

(See  also  Truant  Officers.) 

Condemnation  of  land  for  school  purposes 15              15 

Condition  of  school  houses  to  be  reported  by  trustees 38              63 

Consent  of  county  superintendent  necessary  to  purchase  what.  ...  14              13 

Consolidation  of  schools 3'9              68 

Constitutional  provisions  concerning  the  school  system. 3 

Contagious  diseases    (see  also  Medical  Inspection) 55              97 

Contingent  expenses  of  state  superintendent'  office 31              40 

Continuation  of  special  debt  levy 21              24 

Contract,   Teachers'  : 

must  be  filed  with  secretary 36              57 

may  be  declared  void,  when 37              58 

understanding  in  concerning  holidays.  .  .'. 37              59 

Contracts  for  the  conveyance  of  pupils . 40             68 

Contracts  for  books  (see  Text-Books.) 

Contracts,  school  officers  not  to  be  interested  in 80  158 

Control  of  schools 13              11 

Control  of  uniform  examinations 47              81 

Conveyance  of  pupils , 40              68 


138  INDEX. 

Conveyance  of  Pupils. — Continued.  PAGE.  SEC. 

expenses    of , 40  68 

contract    fo?    40  68 

Corporation  : 

the  board  of  education  to  be  a 10  7 

powers  of  as  such 10  7 

liability  of  as  such 10  7 

Correction  of  sheriff's  settlement  (S"ee  Sheriff.) 

Correction  of  levy  may  be  made,  how  ;  when 17  21c 

Cost  of  joint  schools  (See  Joint  Schools.) 

County  court,  sheriff  to  make  settlement  with 68  142 

County  Financial  Secretary    (See  Financial   Secretary) 

County  Institutes   (See  Institutes,  County.) 

County  officers,  subject  to  indictment ;  constitutional  provision ...  4 

County  Superintendent : 

constitutional  provision  for 6 

to  give  deciding  vote,  when 10  4 

to  fill  vacancy  in  board 10  5 

to  hear  appeals  in  what  case 14  12 

to  serve  notice  on  secretary  of  meeting  to  hear  appeal 14  12 

may  reverse  or  correct  action  of  board,  when 14  12 

to  approve  locations  and  plans  of  buildings,  when 15  14 

to  apportion  general  school  fund  to  district 32  42 

to  notify  board  of  amount  due  from  general  school  fund 32  42 

to  issue  requisition  for  general  school  fund,  when 32  43 

rate  of  levy  to  be  reported  to  by  secretary 34  49 

to  report  rate  of  levy  to  clerk  of  county  court  and  assessor.  34  49 
to  report  rate  of  levy  and  valuations  to  state  superintendent 

and  auditor 34  49 

penalty  upon  for  what 34  50 

secretaries  to  make  report  to 34  51 

to  designate  place  of  holding  examination 47  81 

to  open  examination  questions,  how 48  85 

to  seal  all  packages  of  manuscripts  and  forward  to  state  super- 
intendent    48  85 

to  furnish  information  to  state  superintendent.  . 48  85 

to  debar  certain  persons  from  examination 49  85 

to  keep  register  of  certificates 49  86 

guilty  of  misdemeanor  ;  when  ;  penalty  for 54  95 

shall  vacate  office,  when 54  95 

•*•>•          to  report  immorality  or  neglect  of  duty  on  part   of  persons 

holding    certificates 55  96 

to  conduct  examinations 47  83 

to  appoint  assistant  examiners  ;  how  many  ;  compensation  of .  .  47  83 

to  collect  examination  fees 48  84 

to  pay  assistant  examiners  and  other  expenses  of  examinations  48  84 
to  make   itemized  report  of   examination   collections  and   dis- 
bursements ;    to   whom 48  84 

shall  take  receipts  for  all  money  expended  in  examinations.  48  84 

shall  countersign  certificates 49  86 

to  transmit  to  state  superintendent  summary  of  enumeration  58  104 

may  excuse  teachers  from  attending  institute,  when  only.  ...  58  106 

to  prevent  teachers  from  teaching,  when 58  106 

to  arrange  for  county  institutes 58  107 

to  remit  part  of  institute  fees  to  auditor 59  109 

shall  make  report  to  state  superintendent  of  institute  enroll- 
ment and   fees  expended 59  110 

to  arrange  for  and  conduct  district  institutes 59  111 

election   of 60  113 

term  of  office  of 60  1131 

to  notify  state  superintendent  of  his  election 60  113 


INDEX.  139 


County  Superintendent. — Continued.                                                           PAGE.  SEC. 

tie  in  vote  for  ;  presidents  of  boards  to  appoint 60  114 

oath  of ;  when  taken 60  115 

to  execute  bond 60  115 

name  and  address  of  to  be  certified  by  clerk  to  state  super- 
intendent    61  115 

vacancy  in  office  of  ;  how  filled 61  116 

qualifications    of 61  117 

salary  of ;  how  determined 61  118 

compensation  for  conducting  examinations 61  118 

may  engage  in  teaching1;  when  only 62  118 

to  report  number  of  schools  visited 62  119 

deductions  from  salary  of 62  119 

payment  of  salary  of 62  120 

report  of  ;  delay  in  making 62  120 

to  visit  schools  ;  when  ;  for  what  purpose 62  121 

to  examine  school  buildings  and  equipment 63  122 

to  report  incompetency,  neglect  of  duty,  etc 63  122 

to  receive  and  revise  reports  of  secretaries 63  123 

to  make  annual  report  to  state  superintendent 63  123 

not  to  be  interested  in  contracts  ;  penalty 80  158 

ex-officio   county   financial   secretary 70  149-8 

County  supervision,  constitutional  provision 6 

Course  of  study,   committee   on 65  131 

Course  of  study,  manual  of 46  79 

Course  of  study  for  reading  circles 59  112 

Court  of  competent  jurisdiction  may  declare  office  vacant,  when.  22  25 

Credit  for  attendance  at  district  institute 59  111 

Credits  to  sheriff's  account 67  139 

Current  expenses,  additional  levy  for 19  22 

Daily    registers 56  98 

Deaf  and  Blind,  West  Virginia  Schools  for 92 

Debt ;  constitutional  provision  for 5 

Debt  levy,   special    (See   Special  Debt  Levy.) 

Decrease  or  increase  in  number  of  sub-districts 13  11 

Deed,  general  warranty  for  school  sites 11  8 

Deed,  agents  may  execute,  when  (see  school  fund) 73  155 

Deductions  from  salary  of  county  superintendent 62  119 

Deductions  from  general  school  fund 31  40 

Definition  of  terms  used  in  this  chapter 80  161 

Delay  in  making  county  superintendent's  report;  penalty 62  120 

Delinquent  lists  shall  be  returned 32  44 

Delinquent  taxes  and  contingencies  to  be  allowed  for  in  statement  17  21c 

Destruction  of  free  text-books,  pupils  responsible  for 30  36 

Diplomas  : 

kindergarten  teachers' 29  34 

to  be  issued  by  state  superintendent 46  79 

Disagreement  of  board  as  to  location  and  plans 14  14 

Discontinuance  of  school,  when 15  17 

Discontinuance  of  district  high  school 28  31 

Diseases,  contagious  or  infectious   (See  also  Medical  Inspection)..  55  97 

Distribution  of  general  school  fund 31  40 

District : 

definition   of 80  161 

constitutional  provision 4&7 

to  be  sub-divided 9  2 

independent,  constitutional  provision 8 

every  magisterial  district  a  school  district 9  2 

present    districts   and    sub-districts    to    remain    until    changed 

by  law 9  2 


140 


INDEX. 


District  High  School :                                                                                   PAGE.  SEC. 

may  be  established  by  vote  of  people 25  30 

notice  of  election  for  to  be  posted 25  SO 

shall  be  discontinued,  when 28  31 

District  Institutes    (See  Institutes,  District.) 

District  Supervision  : 

board  may  establish  ;  shall  establish,  when 81  163 

board  to  establish  rules  and  regulations  for 81  163 

superintendent,  appointment  of 81  163 

salary  of  superintendent 82  163 

to  make  reports 82  163 

board  may  take  charge  of  schools  so  supervised 82  164 

Division  : 

of  districts 9  2 

of  expenses  in  case  of  transferred  pupils 39  67 

of  funds  with  colored  schools 40  71 

Drinking  cup,  common,  abolishment  of 119  1 

Drunkenness  : 

persons  addicted  to  debarred  from  examination 49  85 

revocation  of  certificates  because  of 55  96 

Duration  of  certificates 49  87 

Duties  : 

of  state  tax  commissioner  and  attorney  general 22  26 

of  state  superintendent 64  126 

of  county  superintendents   (See  County  Superintendent.) 

of  district  superintendents 81  163 

of  board  of  education   (See  Board  of  Education.) 

of  secretary  of  board 33  45 

of  board  of  the  school  fund 72  152 

of  the  state  board  of  education 65  130-134 

of  truant  officers 41  73 

of  teachers   (See  Teachers.) 

of  sheriff  (See  Sheriff.) 

of  clerk  of  county  court  (See  Clerk  of  County  Court.) 

teachers  exempt  from 56  97 % 

of  assessor 34  48  &  49 

Election  : 

special 80  160 

for  extension  of  term  ;  notice  of  to  be  published 23  27 

for  levies,  how  held 20  23 

on  question  of  district  high  school 25  30 

on  question  of.  bond  issue 30  39 

Election  of  board  of  education 9  3 

Election  of  county  superintendent 60  113 

Election  laws,  general,  to  apply  in  special  elections 20  22  &  23 

Elementary  certificates    (See  Certificates.) 

Elementary    agriculture 46  78 

Emergency   certificate 54  94 

Employer  guilty  of  misdemeanor,  when 42  74 

Employment  of  children   (See  Child  Labor  Law.) 

Employment  of  children  in  mines App.  A.  Ill  26 

Endorsement  of  teachers  certificate  by  secretary,  required 36  57 

Endorsement  of  orders  by  sheriff 69  145 

Enforcement  of  compulsory  attendance 41  73 

Enumeration  : 

distribution  of  school  fund  according  to 31  40 

of  pupils  transferred 39  66 

to  be  taken  and  reported  by  teacher 56  101 

register  to  be  returned  or  salary  withheld 56,  57     100,  102 

to   include  what 57  101 

to  be  taken  in  what  classes 57  102 


INDEX.  141 

Enumeration. — Continued.  PAGE.          SEC. 

report  to  be  delivered  to  secretary,  when 57  102 

report  to  be  verified  by  affidavit 57  102 

secretary  to  have  taken,  when 57  103 

compensation  for  taking  ;  when,  from  what  fund 57  103 

record  of  to  be  kept  by  secretary 57  104 

record  to  be  sent  to  county  superintendent 57  104 

summary  of  to  be  sent  to  state  superintendent 57  104 

Enrollment  fee  ;  county  institute 59  109 

Equipment  of  schools  to  be  examined 63  122 

Estimates    of    improvements    and    repairs,    to    be    made    to    board 

by    trustees 38  63 

Estimate  of  amount  to  be  raised  by  additional  levy 19  22 

Estimate  of  amounts  needed  and  necessary  levies 17  21c 

objections  to  must  be  heard 17  21c 

Examination  and  graduation  of  pupils 46  79 

Examination  of  buildings  by  county  superintendent 63  122 

by    trustees , 37  60 

Examination  in  reading  circle  course 59  112 

Examination  of  Teachers  : 

in   kindergarten   schools 29  34 

time  and  place  of 47  81 

all  matters  relating  to  under  control  of  state  superintendent.  .  47  81 

county  superintendent  to  designate  place  of 47  81 

expenses  of  ;  from  what  fund  paid  ;  limit  of 47  82 

to  include  what  subjects 49  87 

applicants  to  receive  highest  grades 49  87 

who  to  be  debarred  from , 49  85 

manner  of  conducting 49  85 

grades  of  certificates  issued  from 49  87 

fraud  in  connection  with  ;  penalty  for 54  95 

assistants  for  ;  number  of  ;  compensation  of 47  83 

persons  to  oversee  may  be  appointed  by  state  superintendent.  .  47  83 

fees  for  ;  how  disposed  01' 48  84 

for  special   certificates 53  92 

for  high  school  certificates 51  90 

for  supervisors'  certificates 52  91 

compensation  of  county  superintendent  for  conducting  T:  ;....  61  118 

Examination   fees 48  84 

Examination   questions,    state   board    of    education    may    assist    in 

preparing 66  131 

Exceeding  maximum  rate  of  levy  ;   penalty  for 22  25 

Exclusion  of  pupils  ;  when  ;  by  whom 55  97 

Excuse  from  institute  attendance 58  106 

Exemption  : 

of  school  property  from  execution,  etc 11  9 

from  application  of  compulsory  attendance  law 41  72 

of  teachers  from  certain  duties 56  97% 

Expenditures  : 

current ;  additional  levy  for 19  22 

unlawful  by  board,  penalty  for 22  25 

Expense  : 

divided  in  case  of  transferred  pupils 39  67 

of  conveyance  of  pupils 40  68 

Expenses  : 

of  state  superintendent's  office  ;  how  provided  for 31  40 

traveling,  of  state  superintendent 31,  64       40, 124 

of    trustees x. 38  64 

of  examination  of  teachers 47  82 

of  conducting  uniform  examinations 48  84 

of  institutes 59  IQS 


142 


IXDEX. 


Expenses. — Continued.  PAGE.          SEC. 

of  state  board  of  education 66  133 

of  members  state  board  of  control Appendix  A.  94  1 

of  members  state  board  of  regents '  104  17 

Experiment  Station,  the  West  Virginia  (See  West  Virginia  University.) 

Expulsion  of  pupils  ;  when  ;  by  whom 55  97 

Extension  : 

of  school  term 23  27 

of  term  in  graded  schools 24  2& 

Failure : 

of  trustees  to  employ  teachers 15  16 

of  sheriff  to  pay  orders 69  145 

of  sheriff  to  make  settlement 70  146 

of  financial  secretary  to  settle 70  148 

Fees : 

institute    enrollment 59  109 

tuition    (See  Tuition   Fees.) 

uniform  examination  ;  how  disposed  of,  etc 48  84 

Filing  certificate   with   secretary 36  57 

Financial  Secretary  County  : 

county  superintendent  ex-officio  county  financial  secretary ....  70  149-a 

duties  of 71  149-6 

office,    supplies   and    compensation 71  149-c 

sheriff  to  report  condition  of  funds  to 71  149-d 

failure  to  settle  with  sheriff,  penalty. 70  148 

secretary  of  board  to  deliver  orders  to 33  45 

settlement  with  sheriff 67-69     139-143 

Fine : 

against  county  financial  secretary 70  148 

against  school  officers  for  excessive  expenditures,  etc 22  25 

for  violation  of  compulsory  attendance  law;  paid  to  sheriff..  41,42       72,76 

against  employers  for  what 42  74 

against  county  superintendent ;  for  what 54  95 

against  persons  tampering  with  questions,  etc 55  95 

against  sheriff  ;  how  recovered 70  147 

against  school  officers  and  teachers,  acting  as  agents,  etc 79,  80     157, 158 

for  certain  offenses,  against  officers  and  teachers 80  159 

for  failure  to  perform  certain  duties 34  50 

for  violation  of  child  labor  law Appendix  A  111  3 

Fires,  Building  of  in   Schools  : 

under  direction  of  trustees 38  61 

compensation  for 38  61 

to  be  paid  for  from  building  fund 38  61 

Fiscal  affairs,  statement  of 16  21 

Flags   displayed 81  162 

Floating  indebtedness  ;  how  provided  for 21  24 

Forfeitures  of  sheriff   (See  Sheriff.) 

Forfeitures  and  fines  to  go  to  what  fund 31  40 

Forfeiture  of  office 22  25 

Forms  and  blanks  ;  state  superintendent  to  prescribe 64  126 

Forms  and  Instructions 124 

Forms  of  Instructions  : 

to  be  prepared  by  tax  commissioner 22  26 

to  be  prepared  by  attorney  general 22  26 

to  be  prepared  by  state  superintendent 64  126 

(See  also  Appendix  B.) 

Fraud  in   Examinations  : 

on  part  of  county  superintendent ;  penalty  for 54  95 

on  part  of  other  persons  ;  penalty  for ^. . .  55  95 

Free  instruction,  to  whom  granted 40  69 

Free  Schools;   (See  Schools.) 


INDEX.  143 


Free  Text-Books :  PAGE.         SEC. 

board  may  purchase 29 

shall  enter  of  record  order  to  purchase 29              35 

secretary  to  have  charge  of 29              35 

teachers  to  distribute  and  have  control  of 29              36 

secretary  to  take  receipt  for  from  teachers 30              36 

teachers  to  collect  and  deliver  to  secretary 30             36 

pupils  to  be  held  responsible  for  injury  or  destruction  of 30             36 

to  be  purchased  directly  from  publishers,  contract  with 30             36 

Fund,  the  Building  (See  Building  Fund.) 

Fund,  the  General  School   (See  General  School  Fund.) 

Fund,  (See  School  Fund.) 

Fund,  the  Teachers'   (See  Teachers'  Fund.) 

Fund,  Supplementary   (See  Supplementary  Fund.) 

Fund,  Sub-District   (See  Sub-District  Teachers'  Fund.) 

Funds,  to  be  divided  with  colored  schools 40              71 

Furniture  : 

to  be  provided 14              13 

to  be  kept  in  repair 14              13 

for  joint  schools  (See  Joint  Schools.) 

General  S'chool  Fund  : 

sum  due  from  to  be  deducted  ;  when 17              21c 

to  be  made  up  from  what 31              40 

shall  be  apportioned  and  distributed  according  to  what 31              40 

to  be  used  for  what 31              40 

auditor  to  deduct  what 31              40 

not  to  be  less  than  seven  hundred  and  fifty  thousand  dollars  31              40 
transfer  to  from   state  state  fund  may   be  made ;   when  and 

by  whom 31              40 

may  be  made  one  million  dollars  ;  when 31              40 

auditor  to  ascertain  amount  of  to  be  distributed  and  report 

same  to  state  superintendent 32              41 

state  superintendent  to  ascertain  proper  share  of  due  to  each 

county 32              41 

can  not  be  drawn  by  board  until  when 32              42 

requisition  for  to  be  made,  when 32              43 

payable  to  counties  in  two  installments 32              43 

expenses  of  uniform  examinations  paid  from 47              82 

General  supervision  of  schools  ;  constitutional  provision 5 

Gifts  to  institutions  accepted  by  board  of  control.  ..  .Appendix  A  103              15 

Girl's  Industrial  Home 92 

Governor : 

state  superintendent  to  make  report  to 64            127 

to    lay    before    legislature    auditor's    report    of    condition    of 

school    fund 72           151 

to  appoint  various  boards  (See  under  each  State  institution.) 

Grades  of  uniform  certificates 49              87 

Graded  Schools  : 

may  be  established  by  board 13              11 

definition   of 80           161 

extension  of  term  in  ;  manner  of 24             29 

cost  of  extension  of  term  in  not  to  exceed  what 24              29 

proceeds   of   levy   for  to   be   known   as   "sub-district   teachers 

fund" 24              29 

Grading  of  manuscripts 49              86 

Grades  of  certificates 49              87 

Graduates  of  Certain  Schools : 

to   receive  certificates  of  first  grade   on   graduation,  without 

examination 51-53       88-92 

Graduation   of   pupils 46              79 

Grammar  school,  definition  of 80            161 

Grounds  to  be  improved 14              13 


144  IXDEX. 


PAGE.  SEC. 

Harboring  children  unlawfully 42  74 

Health,  Commissioner  of 

to  inspect  school   houses 120  2 

to  enforce  public  health  laws  and  regulations 120  4 

High  School  : 

definition   of 80  161 

how   established 25  30  a 

levy  for ^.  .  .  .' 19  21c 

levy  for  riot  to  exceed  what 19  21c 

classification   of 26  30-& 

state  aid  for 26  30<Z 

district  (See  District  High  School.) 

joint  district 27  30% 

subjects   taught   in 46  78 

course  of  study  for 65  131 

High  School  Teachers'  Certificate  : 

granted  when  and  under  what  regulations 51  90 

examination    for 51  90 

renewal    of 52  90 

grade    of    determined 52  90 

Holidays  : 

list    of Appendix    A  108  1 

schools  not  to  be  kept  open  on 37  59 

counted  as  day's  taught,  when 37  59 

definition     of 80  161 

Home  for  Girls,  West  Virginia   Industrial 92 

Houses,  school  (See  School  Houses.) 
Houses  and  Sites  : 

to  be  examined  by  president  of  board 12  10 

to    be    retained,    when 12  30 

to   be   sold,   when 12  10 

Immoral  Character  : 

.persons  debarred  from  examination  because  of 49  85 

certificates  may  be  revoked  because  of 55  96 

Immorality  or  neglect  of  duty  ;    county  superintendent  to  report .  .  55  96 

Imprisonment;    employer  may  be  punished  by,  for  what 42  74 

Improvement  of  school  grounds 14  13 

Improvements  ;    legislature  to  encourage  ;    constitutional  provision  8 

Improvements  and  repairs,  estimate  of  to  be  furnished  by  trustees  38  63 

Incompetence  on  part  of  teachers  to  be  reported 63  122 

Increase   or   decrease   in   number    of   sub-districts 13  11 

Indebtedness,  Bonded  : 

constitutional   provision    for 5 

additional  levy  to  pay  interest  on 19  22 

Indebtedness,  of  former  years  ;    how  provided  for Appendix  A  112  8 

Indebtedness  unlawfully  incurred  by  board  ;    penalty ,  22  25 

Independent   districts  ;     constitutional    provision. 8 

Indictment;    county  officers  subject  to;    constitutional  provision..  4 

Industrial   Home  for   Girls < 92 

Industrial    School    for    Boys     92 

Infectious  diseases    (See   also  Medical   Inspection) 55  97 

Injunction  ;    school  officers  may  be  removed  by .  22  25 

Inspection,  medical   (See  Medical  Inspection.) 

Inspection  of  secretary's  record  may  be  made 33  45 

Inspection  of  school  houses  by  trustees  ;    when  made 37  60 

Institutes,   County  : 

president  and  members  of  board  to  attend  ;    to  be  held,  when, 

where     58  105 

teachers  required   to   attend 58  106 

county   superintendent   may   excuse   teachers   from   attending, 

when    only .  58  106 


INDEX.  145 

Institutes :     County — Continued.                                                                PAGE.  SEC. 

compensation  for  attending  ;    from  what  fund  paid 58  106 

failure  to  attend   to  debar  from   teaching 58     .     106 

instructors  for  ;    qualification  of "...  58  107 

pay    of    instructors    for 59  108- 

enrollment  fee  ;    how  used 59  109 

account  of  expenses  to  be  approved  by  institute 59  109 

certified  list  of  persons  enrolled  to  be  sent  to  state  superin- 
tendent       59  HO- 

Institute,  District : 

number  of  to  be  held 59  111 

credit    for    attendance 59  111 

Institute,  the  Bluefield  Colored 92 

Institute,   the  West  Virginia  Collegiate 88 

Instruction  : 

free,  to  whom  grantpd   40  69 

in   what   branches   required 46  78 

Instructions  : 

of  tax  commissioner  to  be  followed  in  what 22  26 

of  attorney  general  as  to  elections 22  26 

Instructors  for  county  institutes   (See  Institute,  County.) 

Insurance  of  state  institutions Appendix  A  104  IS 

Interest  : 

charged   against   sheriff,   when 70  146 

on  bonded  indebtedness,  provision  for 19  22 

levy  for  may  be  continued  without  additional  vote  until  when  20  22 

on   bonds   must   be   provided   for 30  39 

Intermediate  School,  definition  of 80  161 

Interpretation    of    school    law 65  128 

Investment    of    the    School    Fund 72  152 

Joint  district  high   schools 27  30*4 

Joint  Schools  : 

how    provided     :  .- 15  18 

title    to    buildings    for 16  1& 

terms  of  agreement  to  be  reduced  to  writing 16  1& 

shall  be  provided  with  furniture,  etc 16  18 

Judgment  against  board  of  education 72  150 

Judgment    against    sheriff,    when T.  .  . .  69  145 

July,  first  Monday  in,  board  to  hold  first  meeting.. 23  27 

Jury,  teachers  exempt  from  serving  on,  when 56  97% 

Justices  to  remit  fines  to  sheriff * 42  76 

Keyser  Preparatory  Branch  of  the  West  Virginia  University....  88 
Kindergartens  : 

board  may  establish  in  what  schools 29  34 

who  admitted  to 29  34 

teachers   of,   qualifications    for 29  34 

Land,  condemnation  of  for  school  purposes 15  15 

title   to,   in   whom    vested '. 12  9  a  I 

sale    or    conveyance 12  9a  II  • 

Law,  the  school   (See  School  Law.) 

Laws  governing  general  elections  to  apply  in  special  elections.  ...  20  22 

Legislature  : 

to  prescribe  terms  of  office  :    constitutional  provision 3 

to  provide  free  schools  ;  constitutional  provision 5&9 

to  encourage  improvements  ;    constitutional  provision 8 

power  of  to  levy  ;    constitutional  provision 4 

Levy  : 

vote     on 16  2O 

ballot  for  vote  on 16  2O 

rate  of  to  be  set  forth  in  statement 17  21-<? 

may   be   corrected ;     how 17  21-c 

to  be  laid  after  corrections  made 18  21-c 


146 


INDEX. 


Levy — Continued.  PAGE.  SEC. 

for   building   fund  ;     maximum    rate   of 18  21-c 

for  teachers'  fund ;    maximum  rate  of 18  21-c 

for  support  of  higli  schools 19  21-c 

additional  (See  Additional  Levy.) 

for  interest  on  bonds  and  for  sinking  fund 19  22 

for  bonded  indebtedness  ;    continuance  of  ;    use  of 20  22 

elections  on  ;    how  held 20  23 

special  debt  (See  Special  Debt  Levy.) 

maximum  rate  of  may  not  be  exceeded 22  25 

special  for  extension  of  term  ;    fund  to  be  known  as  what ....  24  29 

delinquent    lists    for 32  44 

assessor's  certificate  of  valuations  to  serve  as  basis  for 34  48 

rate  of  to  be  reported  by  secretary  ;    when,  to  whom 34  49 

specific,   may   be  ordered,   when 72  150 

constitutional  provision  concerning 7 

power  of  legislature  to  lay  ;    constitutional  provision 4 

special  debt   (See  Special  Debt  Levy.) 

Liability  of  school  officers  to  action  by  state,  when 22  25 

Libraries,    Public     115  1-9 

Libraries,  School : 

number  and  value  of  volumes  in  to  be  reported  by  trustees.  ...  38  63 
(See  also  Books  for  School  Libraries.) 

Librarian  : 

may  be  appointed  by  trustees,  when 30  38 

compensation    of 30  38 

to    open    library,    when 30  38 

who  may  draw  books  from 30  38 

Limit  of  special  debt  levy Appendix  A  112  8 

Limitation  on  bond  issue 30  39 

Location  of  Schools  : 

to  be  determined  by  board 13  11 

to  be  determined  with  reference  to  convenience  of  pupils.  ...  14  131 

Location  and  Plans : 

to  be  approved  by  county  superintendent 14  14 

to  be  selected  by  county  superintendent,  when 14  14 

Magisterial  districts  to  be  school  districts 9  2 

Mandamus  : 

school  officers  may  be  removed  by 22  25 

to  compel  division  of  funds '40  71 

payment  by  sheriff  may  be  enforced  by 72  150 

Manual  of  course  of  study . 46  79 

Manuscript,    examination;    transmission    of 48  85 

Maximum  Rate  of  Levy  : 

for   building    fund 18  21-c 

for    teachers'    fund 18  21-c 

Medical  Inspection  : 

provision    for 43  77  b  I 

appointment  of  physicians  as  inspectors 43  77  b  I 

duty  of  inspectors 43  77  b  IV 

record    of    inspection,    form    of 44  77  bVI 

notice  of  symptoms  to  parents 45  77  b  VI 

Meeting  of  presidents  to  appoint  county  superintendents,  when..  61  116 

Meetings  of  Board  of  Education  : 

first ;  when  held  ;  business  to  be  transacted 23  28 

second  ;    when  held  ;    business  to  be  transacted 16  21 

third ;    when  held ;    business  to  be  transacted 17  21-c 

monthly  and  special 28  32 

Meetings  of  board  of  school  fund ;    when,  where   72-73  152  &  153 


INDEX.  147 


PAGE.  SEC. 
Meetings,    literary   and   religious   may   be    held   in   school    houses ; 

conditions    38  62 

Meetings  of  trustees   35  53y2 

Member  of  Board  : 

must  vacate  office,  when 10  5 

oath  of ;     when  to  be  taken 10  6 

compensation    of 29  33 

Method  of  making  settlement,  sheriff's 68  141 

Minimum  amount  of  general  school  fund 31  40         , 

Minimum  Salaries  : 

for  different  grades  of  certificates 23  28 

may  be  exceeded,  when 23"  28         ; 

Minimum    school    term 18  21-o      :. 

Misdemeanor  : 

school  officers  guilty  of,  when 22  25 

assessor,  clerk  of  county  court,  secretary,  or  county  superin- 
tendent,   guilty    of,    when 34  50 

parent  or  guardian  guilty  of,  when 42  74 

employers   guilty   of,  when 41  72 

county  superintendent  guilty  of,  when 51  88         | 

county  financial  secretary  guilty  of,  when 70  148 

to   act   as   agent,    penalty 79  157 

Money  for  school  purposes  collected  and  distributed  by  sheriff.  ...  67  Ib7 

Montgomery  Preparatory  Branch  of  the  West  Virginia  University.  .  87 

Name  and  address  of  county  superintendent  to  be  certified 61  115 

Narcotics  and  alcoholic  drinks  ;    special  instruction  concerning.  ...  46  78 

Neglect  of  duty  on  part  of  school  officers,  fine  for 80  159 

Neglect  of  duty  ;   county  superintendent  to  report 55  96 

Non-attendance  (See  Compulsory  Attendance.) 
Normal  Schools  : 

graduates  of  to  receive  uniform  certificates  without  examina- 
tion,  when    51  88-89 

constitutional  provision    8 

(See  also  State  Normal   Schools.) 

Normal  training  for  colored  teachers 87  188 

Notice  : 

of  elections  for  special  bond  levy 20  23 

of  election  on  question  of  district  high  school 25  30 

of  violation  of  compulsory  attendance  law  ;    when  required  ; 

when  not  required 41  73 

of  meeting  of  presidents  to  appoint  county  superintendent. ...  60  114         ; 

Notification  of  trustees  of  appointment 35  53 

Number  and  location  of  schools  to  be  determined  by  board 13  11 

Number  of  sub-districts  may  be' increased  or  decreased 13  11 

Number  of  teachers  ;   board  to  determine,  when 23  .28 

Oath :  ; 

of  members  of  board 10  6         I 

of  secretary  of  board •>. 33  45 

may  be  administered  by  secretary  ;    for  what  purpose 34  47         } 

of  trustees    35  53         ' 

of  county  superintendent 60  115         > 

of  members  of  board  of  control Appendix  A  94  1 

of  office  ;     constitutional  provision 3 

Objections  to  estimate  and  proposed  levy 17  21-c 

Objections  to  sheriff's  settlement  (See  Sheriff.)  ,( 

Obligation  unlawfully  incurred  by  board  ;    penalty  for 22  25 

Offense  against  compulsory  attendance  law 41  72 

Officers  of  board  of  school  fund 72  152        7 

Officers,  county,  subject  to  indictment ;    constitutional  provision . .  4 

Officers,  school   (See  School  Officers.) 

Order  of  proceedings  at  annual  meetings  of  board. ..  .Appendix  B  124  ,    ""    I 


148  INDEX. 


PAGE.         SEC. 

Order  for  purchase  of  free  text-books  to  be  entered  of  record 29  35 

Orders  : 

outstanding,  may  be  paid  by  special  levy 21  24 

for  teachers'  salary  ;    drawn  by  whom  ;    signed  by  whom 56  99 

paid  by  sheriff,  when 67  138 

failure  of  sheriff  to  pay 69  145 

Outstanding    bonds 20  22 

Overseers  for  examination  may  be  appointed 48  83 

Parent  or  Guardian  : 

to  be  notified,  when 41  &  45     73  &  \  .  b  VI 

complaint   against 41  73 

Payment : 

of  teachers    56  99 

of  salary  of  county  superintendent 62  120 

of    school    orders 67,  69     138,  145 

in   excess  by   sheriff 68  140 

of  orders  by  sheriff  may  be  enforced  by  mandamus 72  150 

of    bonds 30  39 

of  tuition  required  of  whom 40  69 

Penalty  : 

against  employer,  when   (STee  also  Child  Labor  Law) 42  74 

for  violation  of  compulsory  attendance  law 41  72 

upon  county  superintendent  for  committing  fraud  in  examina- 
tions    54  95 

upon  county  superintendent  for  failure  to  make  report 62  120 

for  tampering  with  examination  questions  and  manuscripts.  .  55  95 

upon   sheriff ;   for  what 69  145 

for  acting  as  agent 79  157 

for  being  interested  in  contracts 80  158 

not  otherwise  provided 80  159 

upon  board  of  education  for  unlawful  expenditures,  etc 22  25 

upon  board  of  education  for  exceeding  maximum  rate  of  levy.  .  22  25 
upon    assessor,    clerk   of    county    court,    secretary,    or    county 

superintendent,   for  what 34  50 

Personal  property ;  taxes  levied  on  to  be  extended  on  proper  book  34  49 

Petition  : 

for  longer  term 23  27 

for  longer  term  in  graded  schools 24  29 

for  discontinuance  of  district  high  school 28  31 

for  district  supervision 81  163 

for  librarian  for  school  library 30  38 

Place  and  time  of  holding  examinations 47  81 

Plans  and  Location  for  School  Building  : 

to  be  approved  by  county  superintendent 14  14 

to  be  selected  by  county  superintendent,  when 14  14 

Poll   books   and  tally   sheets   for   special   election   to  be   furnished 

by    whom 21  23 

Power  of  legislature  to  levy  ;  constitutional  provision 4 

Powers  of  board  as  a  corporation 10  7 

Preparatory    Branch    of   the    West    Virginia    University    at    Mont- 
gomery    87 

Preparatory  P.i-anch  of  the  West  Virginia  University  at  Keyser.  .  .  88 

President  of  Board  of  Education  : 

election  of 9  3 

to  examine  houses  and  sites 12  10 

compensation    of 29  33 

to  attend  county  teachers  institutes 29  33 

to  sign  teachers'  orders 56  99 

to  appoint  county  superintendent,  when 60,  61     114,  116 

Primary   Teachers'    Certificate  .  .  ., 53  92 


INDEX.  149 

PAGE.  SBC. 

Primary   school,  definition   of 80  161 

Principals  to  report  cases  of  truancy 42  75 

Proceedings  of  board,   abstract  of 33  46         ( 

Proceeds  of  special  debt  levy  not  to  be  used  for  other  purposes.  ...  21  24 

Proceeds  of  sale  of  property  to  be  added  to  building  fund 12  10 

Process : 

may  be  served  on  board 11  8 

copy  of  to  be  delivered  to  whom 11  8         < 

Professional  certificates   (See  State  Professional  Certificates.) 

Prohibition  concerning  appointment  of  teachers 37  58 

Prohibition  of  certain  acts,  applying  to  board 22  25         ! 

Property  : 

exempt  from  execution 11  9 

to  be  inspected  ;  may  be  sold 12  10 

title  to,  in  whom  vested 12  9  a  I 

sale  or  conveyance  of 12  9  a  II 

aggregate  of  to  be  set  forth  in  statement 17  21e 

taxable  to  be  classified  in  statement 17  21c 

personal,  to  be  listed  separately 17  21c 

assessed  by  B.  of  P.  W.  to  be  listed  separately 17  21-c 

Prosecuting  Attorney  :  j 

may  require  correction  in  sheriff's  settlement 69  143 

to  proceed  against  sheriff,  when 70  147 

Provisions  as  to  certain  funds 21  24 

Provisions  must  be  made  for  interest  on  bonds 30  39     .    i 

Publication  of  order  calling  special  election 20  23 

Pupils  :  |. 

to  be  held  responsible  for  injury  or  destruction  of  text-books. .  29  36         ; 

transferred ;   where  enumerated 39  66         ; 

transportation  of 39  68 

examination  and  graduation  of .  . 46  79 

colored    (See  Colored  Youth.) 

under  control  of  teacher,  when,  where 55  97         ; 

may  be  excluded,  when 55  97         { 

may  be  suspended,  when,  by  whom 55  97 

may  be  expelled,  when,  by  whom 55  97 

Purchase  of  certain  supplies  by  trustees 38  61 

Qualifications  : 

of  kindergarten  teachers 29  34 

of    trustees 35  53         > 

of   institute   instructors 58  107 

of  county  superintendent 61  117 

of  state  superintendent 63  124         { 

Questions  for  Examinations  : 

preparation  and  transmission  of 48  85         : 

state  board  of  education  to  assist  in  preparation  of,  when. ...  65  13*1 

tampering  with  ;  unlawful  possession  of  ;  penalty 54  95 

Quorum  : 

of  board  of  education 28  32 

of    trustees 35  53^     } 

Rates  of  Levy  : 

maximum  for  teachers'  and  building  funds 17  21c 

to  be  set  forth  in  statement 17  21c 

to  be  reported  by  secretary,  when,  to  whom 3*4  49 

Reading  Circles  : 

state  superintendent  to  prescribe  course  for  ;  in  what  subjects  59  112 

examination  in   course  of 59  112 

certificates  of  proficiency  in 59  112         ' 


150  INDEX. 

Real  Estate :  PAGE.  SEC. 

to  be  listed  separately 17  21c 

taxes  levied  on  to  be  extended  on  proper  book 34  49 

Receipt  for  amounts  expended  in  examination 48  84 

Reconsideration  and  correction  of  estimate  and  levies 17  21c 

Record  : 

of  objections  to  estimate  and  levies 17  21c 

trustees,  of  proceedings 35  53  % 

of  enumeration 57  104 

of  teachers'   certificates 49  86 

of  sheriff's  settlements  with  county  court 68  142 

of  proceedings  of  board  of  school  fund 72  152 

Record,  Secretary's: 

to  be  signed  by  whom 33  45 

to  be  delivered  to  successor 33  45 

Recovery  of  fine  against  sheriff 70  147 

Regents,  State  Board  of  (See  State  Board  of  Regents.) 

Register  of  Certificates  :  : 

state   superintendent's 49  86 

county   superintendent's 49  86 

Registers   and   reports,    teachers' 56  98 

Regulations  : 

concerning  school   libraries 30, 115     38, 1-9- 

concerning  use  of  school  houses 38  62 

concerning  the  uniform  system  of  examinations 47  81 

Relationship    exclusion 37  58 

Removal : 

of  school  officers 22  25 

of  trustees  from  office 3"6  54 

of   teachers 37  58 

of  members  of  state  board  of  control Appendix  A  94  1 

of  members  of  state  board  of  regents '  104  17 

from  office  ;  constitutional  provision 4 

Renewal : 

of  first  grade  certificates 49  87 

of  high  school  certificates 51  90 

of  supervisor's  certificate 52  91 

of  short  course  certificate 51  88 

of  normal   school   certificate 51  89 

of  special  certificates 53  92 

of  state  professional   certificates 66  132 

Repairs  : 

of  furniture,  apparatus,   etc 14  13 

of  school  building,  bond  for 16  19 

Repairs  and  improvements,  estimate  of,  trustees 38  62 

Report : 

auditor's  concerning  the  general  school  fund 32  41 

concerning  rate  of  levy  ;  secretary's  ;  county  superintendent's  34  49 

of  trustees  to  board  ;  to  show  what 38  63 

of  expenses  trustees 38  64 

'         teacher's,  principal's  and  superintendent's  to  truant  officer.  42  75 

of  immorality  or  neglect  of  duty  on  part  of  teachers 55  96 

j         of    collections    and    disbursements    on    account    of    uniform 

examinations 48  84 

of  secretary   must   be  made  before   salary   is  paid 35  52 

of  teacher  to   secretary 56  98 

of  enumeration 56  100 

of  schools  visited,  county  superintendent's 62  119 

of  state  superintendent,  to  include  what 64  127 

'         of  state  board  of  education 66  134 

1         of  auditor  concerning  condition  of  the  school  fund 72  151 


INDEX.  151 

Report — Continued.  PAGE.  SEC, 

of  district  superintendent 81  163 

of  levies  ;  constitutional  provision 7 

of  board  of  regents Appendix  A  106  20 

Report,  County  Superintendent's  : 

delay  in  making  ;  penalty  for 62  12O 

made  up  from  what 63  123- 

Report,  Secretary's  : 

to  whom  made 35  51         . 

when  made 35  51 

compiled  from  what 3'5  51 

Reports  to  be  made  with  reference  to  school  year 9  1 

Requirements  for  primary  teacher's  certificate 53  92 

Requirements  for  high  school  teacher's  certificate 51  90 

Requisition  for  general  school  fund  made  by  board 32  43 

Requisitions,  state  superintendent  to  sign 64  125 

Residence  of  state  superintendent 64  125 

Restrictions  concerning  purchase  of  books  for  school  libraries.  ...  30  37 

Return  of  delinquent  lists 32 ,  44 

Review  of  teacher's  action,  when,  by  whom 55  97 

Revision  of  action  of  trustees 39  65 

Revocation   of   certificates 55  96 

Rules  and  regulations  for  district  supervision 81  163 

Salary  : 

of  state  superintendent 63  124 

of  district  superintendent 81  163 

of  members  state  board  of  control Appendix  A  94  1 

of  members  state  board  of  regents "  104  17 

of  employes  state  board  of  control 97  7 

Salary  of  County  Superintendent : 

how  determined 61  118 

deductions  from 62  119, 120 

payment  of 62  120 

for  fourth  quarter  not  payable  until  when 62  120 

Salary  of  secretaries  of  district  boards  : 

to  be  paid  from  what 35  52 

to  be  paid  how  and  when 35  52 

Salary  of  teachers  : 

to  be  discontinued,  when 15  17 

may  be  fixed  above  minimum,  when 23  28 

board  to  fix  at  first  meeting 23  28 

regulated  by  grade  of  certificate 23  28 

minimum  for  each  grade  of  certificate 23  28 

may  not  be  transcended  or  diminished 23  28 

paid    how '. 56  99 

balance  of  not  paid  until  when 56  100 

additional   (See  Additional  Salary.) 

Sale  of  school  property 12  10 

Saturday  cot  a  school  day 37  59 

School : 

definition   of 80  161 

attendance  at  permitted  to  whom 40  69 

Schools  : 

to  be  provided  for  by  legislature  ;  constitutional  provision . . . .  ,    5 

to  be  taught 15  16 

may  be  discontinued,  when 15  17 

joint   (See  Joint  Schools.) 
graded   (See  Graded  Schools.) 

not  to  be  kept  open  on  Saturdays  or  holidays 37  59 

to  be  visited  by  trustees 37  60 

consolidation  of 3D  68 

graded  and  high  ;  subjects  taught  in 46  78 


152  INDEX. 

Schools — Continued.  PAGE.         SEC. 

money  for  ;  collected  and  disbursed  by  sheriff 67            137 

for  deaf  and  blind  (See  West  Virginia  School  for  Deaf  and  Blind.) 
State  Normal   (See  State  Normal  Schools.) 

School     calendar Appendix  B  123 

-Schools  for  Colored  Youth  : 

must  be  established 40              70 

shall  have  share  of  fund 40              71 

board  may  be  compelled  by  mandamus  to  divide  funds  with.  .  40              71 

School  Board  (See  Board  of  Education.) 

School  Books  (See  Text-Books.) 

School  Book  Commission  (See  Text-books.) 

School  Districts   (See  Districts.) 

School  Fund,  the  General  (See  General  School  Fund) 

School  Fund,  the  : 

constitutional  provisions  concerning 6 

constitutional  amendment  concerning 7 

income  from  to  go  to  what 31             40 

auditor 'to  report  condition  of 72            151 

the  board  of  ;  duties  of  ;  officers  of 72           152 

meetings  of  board  of,  to  be  held  where 72            152 

record  of  proceedings  of  board  to  be  kept 72            152 

-meetings  may  be  held  when 73           153 

•collection  of  money  due 73           154 

board  of  may  appoint  agents  to  collect  claims 7::            155 

board  to  require  bond  of  agents v 7:;            1  "• 

agents  to  execute  deed,  when 73           155 

compensation  of  agents 73           155 

School  grounds  to  be  improved 14              13 

.School  Houses  : 

to  be  retained,  when  ;  to  be  sold,  when 12             10 

number  and  location  of 13              11 

to  be  located  with  reference  to  what 14             13 

for  joint  schools  (See  Joint  Schools.) 

exempt    from    execution 11               9 

may  be  provided  jointly 15             18 

rto  be  kept  in  order  by  trustees 38             61 

may  be  used  for  what 38              62 

-regulations  for  use  of 38             62 

'to   be   examined 63           122 

School  Law  : 

to  be  published  by  state  superintendent 04           126 

interpretation   of 65           128 

School  Libraries  (See  Libraries  and  Books  for  Libraries.; 

School  Librarian   (See  Librarian.) 

-School  Officers  : 

not  to  be  interested  in  sale  of  books  ;  constitutional  provision  8 

oath  of  ;   constitutional  provision 3 

rremoval  of  ;    constitutional  provision 3 

terms    of ;      constitutional    provision 3 

guilty  of  misdemeanor 22              25 

personally  liable,  when 22  &  113              25  &  9 

not  to  act  as   agents 79            156 

not   be   interested    in    contracts 80           158 

penalties    against 79  &  80  157-159 

"School  Property  (See  Property.) 

School  Term   (See  Term.) 

School  Year  : 

begins    and    ends    when 9                1 

accounts  and  settlements  made  with  reference  to 9                1 


INDEX.  153 


PAGE.  SEC. 

Seal,  State  Superintendent's 64  125 

Secretary  of  Board  : 

oath  of  members  of  board  filed  with 10  6 

to  make  record  of  corrections  and  levy 17  21  c 

to  furnish  poll  books,  etc.,  -for  special  election 20  23 

to  post  notices  of  election  for  extension  of  term 23  27 

to  have  charge  of  free  text-books 29  3t> 

to  take  receipt  from  teachers  for  free  text-books 29  36 

board  shall  appoint,  when 33  45 

shall  not  be  a  member  of  board 33  45 

shall   take  oath 33  45 

shall  attend  all  meetings  and  keep  record 33  45 

record  of  attested  by  his  own  and  president's  signatures 33  45 

records  of  shall  be  open  to  inspection 33  45 

to  have  charge  of  all  records  and  papers 33  45 

records  of  and  documents  to  be  delivered  to  successor 33  45 

shall  deliver  orders  to  county  financial  secretary 33  45 

shall  post  abstracts   of   proceedings   of  each   meeting,   where, 

'      when    3'3  46 

shall  post  itemized  statement  of  settlement  with  sheriff,  where, 

when    33  46 

may  administer  oath  to  whom 34  47 

assessor  shall  deliver  certificate  of  valuation  to,  when 34  48 

to  report  rate  of  levy  when,  to  whom 34  49 

penalty  upon  ;    for  what 34  50 

to  make  statistical  report ;    when  ;    to  whom 35  51 

salary     of.  .  . ,.| 35:  52 

compensation   for   report 35  52 

teacher's  contract  shall  be  filed  with 36  56 

teacher's  certificate  shall   be  filed  with 36  57 

teacher's  certificate  to  be  endorsed  by 36  57 

shall  return  expense  account  of  trustees  for  correction,  when  38  64 

truant   officers   to   make   statement   to 42  76 

to  issue  orders  for  teachers'   salary 56  99 

teachers'  term  report  returned  to 56  100 

report  of  enumeration  to  be  filed  with 57  102 

to  deduct  from  teacher's  salary,  when -. 57  102 

to  have  enumeration  taken,  when 57  103 

to    keep    record    of    enumeration 57  104 

to  transmit  record  of  enumeration   to  county   superintendent  57  104 

Service    of    Process 11  8 

Security ;     contractors   to  give 16  19 

Settlement : 

to  be  made  with  reference  to  school  year 9  1 

with  sheriff,  statement  of  to  be  posted  by  secretary 33  46 

of  sheriff  with  county  financial  secretary 67  139 

of    sheriff    with    county    court 68  142 

Sheriff  : 

general   school   fund  paid   to   order  of 32  43 

to  collect  and   account  for   taxes 3'4  49 

to  receive  tuition  fees  and  credit  to  teachers'  fund 40  69 

truant  officer  to  make  statement  to 42  76 

fines   to   be   paid    to 42  76 

to  collect   and   disburse  all    school    money 67  137 

to    give    additional    bond 67  137 

to  keep  accounts  with  boards  of  education 67  138 

to    pay    orders,    when 67  138 

to  make  annual  settlements  with  county  financial  secretary..  67  139 

to  be  charged  with  what 67  139 

to   be   credited   with   what 67  139 

not  to  receive  credit  for  payments  in  excess 68  140 


154 


INDEX. 


Sheriff — Continued.  PAGE.         SEC. 

method    of    making    settlement 68  141 

vouchers  and  orders  of  to  serve  as  basis  for  settlement 68  141 

to   make   settlement   by   districts   with   county    court 68  j.42 

corrections  in  settlement  of  may  be  made  at  the  instance  of 

whom     69  143 

settlement  of  with  county  financial  secretary  may  be  accepted 

by  county  court,  when 69  143 

commissions    of     69  144 

failure  of  to  pay  orders  ;    judgment  and  penalty 69  145 

shall  not  be  required  to  endorse  orders  before,  when 69  145 

failure  of  to  settle ;    forfeiture  for 70  146 

action    against     70  147 

to  turn  over  balance   to  successor 70  149 

to    report    condition    of    funds 71  149  d 

may  be  compelled  to  pay  orders  by   mandamus 72  150 

Sinking  fund,  may  be  provided  for ;    when  ;    how 19  22 

Sites  and  buildings  to  be  provided  by  board 14  13 

Special  Debt  Levy  : 

board   may   submit  question   of  to   voters 21  24 

limit  of    21   &  112  24  &  8 

board    may    continue    without    additional    vote    until    debt    is 

paid    21   &  112  24  &  B 

proceeds  of  not  to  be  used  for  any  other  purpose 21  &  112  24  &  8 

treasurer  of,  to  keep  account  of  separately 21  &  112  24  &  8 

balance  from  to  revert  to  what 21  &  112  24  &  & 

orders  to  be  listed 112  8 

for  indebtedness  created  previous  to 112  8 

laid  only  upon  consent  of  tax  commissioner 112  8 

Special  Election : 

order  for  to  be  published 20  23 

for  extension   of   term 23  27 

manner   of    holding,    etc 80  160 

State  may  maintain  action  against  school  officers 22  25 

State  Board  of  Control : 

creation    of Appendix    A 

a  corporation " 

how    constituted    "  " 

appointment  of    "  " 

how  and  for  what  removed "  " 

salary   of   members "  " 

expenses   of   members "  " 

offices  and  fixtures " 

to  give  entire  time  to  duties " 

to  manage  and  control  certain  institutions "  " 

titles  vested  in   ' "  " 

money    due   institutons    reported    to " 

to  appoint  a  secretary  and  clerks "  " 

salaries    of    employes    of "  " 

to  keep  a  set  of  books    

to  examine  conditions  and  records  of  institutions 

to  visit  institutions 

to  summon  witnesses "  " 

to    fix    number    and    compensation    of    assistants 

and  employes  of  institutions    "  "99  9 

to  investigate  charges  against  employes "  "     99  9 

to  recommend  removal  of  certain  officers "  "     99  9 

to  fix  salaries  of  officers  and  employes "  "     99  9 

to  pay  salaries  when "  "     99  9 

to   make   rules  for   its   conduct "  "  100  10 

to  purchase  supplies . .          "  "  100  11 

to  publish  and  award   contracts "  "  100  11 


94 

1 

94 

1 

94 

1 

94 

1 

94 

1 

94 

1 

94&95 

1&2 

94 

1 

94 

1 

95-96 

3&4 

96 

5 

97 

6 

97 

7 

97 

7 

97 

7 

97 

7 

98 

8 

98 

8 

INDEX.  155 

State  Board  of  Control — Continued.                                                        PAGE.  SEC. 

to  determine  kind  of  animals  to  be  slaughtered..                      "  100  11 

to  inspect  meats,  poultry,   etc "  100  11 

to  have  no  interest  in  contracts  or  gifts "  100  11 

to  forfeit  office  when "  100  11 

to    employ    architects "  101  12 

to  construct,  remodel  and  repair  buildings "  101  12 

to  prescribe  records  to  be  kept "  102  13 

to   make   report  to   governor ' "  103  14 

governor  may  direct  to  make  investigation "  103  14 

to  accept  gifts  for  institutions "  103  15 

to  have  charge  of  insurance  of  institutions "  104  16 

to  report  list  of  employes  to  auditor "  106  21 

State  Board  of  Education : 

of  whom  composed ;  appointment  of 65  130 

to  perform  duties  of  state  board  of  examiners 65  131 

to  constitute  committee  on  course  of  study 65  131 

to  prescribe  and  publish  branches  for  examination  for  certain 

certificates 65  131 

to  assist  in  preparation  of  examination  questions,  when 65  131 

compensation    of 66  133 

may  renew  or  convert  professional  certificates 66  132 

to  recommend  certificates  to  teachers 53  92 

to  keep  a  record  showing  what 66  134 

to  make  report  to  state  superintendent 66  134 

State  Board  of  Examiners  (See  State  Board  of  Education.) 
State  Board  of  Regents  : 

creation    of Appendix  A  104  17 

a  corporation "          "    104  17 

how    constituted "         "    104  17 

appointment    of "          "    104  17 

removal    of   members   of "         "    104  17 

salary    of    members '    104  17 

to  control  educational  departments '    105  18 

to  employ  officers  and  teachers '    105  18 

to  fix  salaries "          "    105  18 

to  prescribe  courses  of  study  and  text  books '    105  19 

to  publish   rules  and   regulations '    105  19 

to  meet  with  board  of  control "         "    105  19 

to   make  report   to   governor "          "    106  20 

to  furnish  data  to  state  superintendent  of  schools                   "    106  20 

to  report  list  of  employes  to  auditor "         "    106  21 

governor  may  require  additional  duties  of "         "    107  22 

State   Normal    Schools 85 

constitutional   provision 8 

Marshall    College 85  177 

Fairmont   Branch 85  181 

West  Liberty  Branch 86  182 

Glenville  Branch 86  183 

Shepherdstown   Branch 86  184 

Athens   Branch 87  185 

State  Professional  Certificates: 

validity   of 66  132 

renewal    of 66  132 

State  School  Book  Commission    (See  Text  Books.) 
State  Superintendent: 

to  withhold  money  from  general  school  fund,  how  much  and 

for   what   purpose 17  21c 

to    deposit    money   with    treasurer    of   board,    when    and    for 

what   purpose 17  21c 

salary  of  paid  from  what Note     64  124 

traveling  expenses  of  not  to  exceed  what ;  paid  from  what. ...     31  40 


156  INDEX. 

State  Superintendent — Continued.  PAGE.  SEC. 

contingent  expenses  of  office  of,  paid  from  what 31  40 

to  apportion  general  school  fund  to  counties .  32  41 

to  notify  auditor  and  county  superintendent  of  apportionment 

of  general  school  fund 32  41 

report    of    valuations    and    levy    to    be    made    to    by    county 

superintendent 35  51 

to  prepare  manual  of  course  of  study 46  79 

to  see  that  teachers  follow  manual 46  79 

to  provide  for  examination  and  graduation  of  pupils 46  79 

to  issue  diplomas 46  79 

to  have   control  of  all  matters  pertaining  to  examination   of 

teachers 47  81 

to  prepare  and  transmit  questions 48 

to  prescribe  manner  of  conducting  examinations 48 

to  examine  manuscripts 49  86 

to  issue  certificates  ;  of  three  grades 49  86 

to  satisfy  himself  as  to  identity  of  applicants  for  certificates  49  86 

may  revoke  certificates  when  and  for  what 55  96 

to  renew  first  grade  certificates 49  87 

to  give  statement  of  grades  to  applicants  for  certificates  ;  when  49  86 

to  keep   register  of  certificates   issued 49  86 

may  appoint  overseers  for  examinations 47 

report  of  examinations  to  be  made  to 48  84 

to  issue  certificates  to  certain  graduates 51  89 

may  issue  emergency  certificates 54  94 

to  issue  high  school  certificates,  when . .  51  90 

to  issue  certificates  in  special  subjects,  when 53  92 

to  issue  state  life  certificate,  when 54  93 

to  appoint  institute  instructors 58  107 

list  of  persons  enrolled  in  county  .institute  to  be  sent  to 59  110 

statement  of  institute  expenses  to  be  sent  to 59  110 

to  prescribe  reading  circle  courses 59  112 

to  provide  for  examination  in  reading  circle  courses 59  112 

to  issue  certificates  of  proficiency  in  reading  circle  courses...  59  112 

to  issue  requisition  for  county  superintendent's  salary 62  120 

county  superintendent  to  make  report  to 63  123 

qualification  of  ;  term  of 63  124 

salary  of Note  64  124 

expenses  of  ;  how  provided  for 63  124 

residence    of 64  125 

shall  provide  a  seal 64  125 

to  sign  requisition  on  auditor  for  what 64  125 

duties   of 64  126 

report  of  ;  to  include  what 64  127 

to  give  interpretation  of  the  school  law 65  128 

to  prepare  and  publish  list  of  books  suitable  for  school  libraries  65  129 

to  be  member  of  state  board  of  education 65  130 

to  appoint  five  members  of  state  board  of  education 65  130 

auditor  to  make  report  to  concerning  condition  of  school  fund  72  151 

State  Tax  Commissioner  shall  prepare  certain  forms  and  instruc- 
tions    22  26 

Statement : 

of  special  levy  for  bonds  to  be  printed  on  ticket 19  22 

of  settlement  with  sheriff  posted  by  secretary  ;  where,  when .  .  33  46 

truant    officer's 42  77 

of  grades  issued  to  applicants  for  certificates,  when 49  86 

of   institute    expenses 59  110 

Statement  of  Fiscal  Affairs  : 

to  set  forth  what  (a,  b,  c) 16  21 

copy  of  to  be  published 16  21c 

allowance   to    be   made   in   for   delinquent   taxes 17  21-c 


INDEX.  15' 

Statement  of  Fiscal  Affairs — Continued.  PAGE.          SEC. 

to  state  separately  value  of  personal  property,  real  estate  and 

property  assessed  by  B.  of  P.  W 17  21c 

forms    and    instructions    for    to    be    prepared    by    state    tax 

commissioner 22  26 

Statistical  report  of  secretary 35  51 

Sub-Districts  : 

creation    of 9  2 

present,  to  remain  until  changed  by  law 9  2 

change  in  boundaries  and  number  of 13  11 

may  be  abolished,  when 39  68 

Sub-District  Teachers'  Fund,  how  provided  for 24  29 

Sub-Division  of  district 9  2 

Subjects,   teachers  to  be   examined  in   what 49  87 

for  primary  certificates 53  92 

Subjects  Taught: 

in   ungraded  schools . 46  78 

in  graded  and  high   schools 46  78 

Sum  due  from  general  school  fund  to  be  deducted  from  what 17  21c 

Summary  of  Enumeration    (See  Enumeration.) 
Summary,  Teacher's  Monthly  (See  Report.) 
Superintendent : 

State   (See  State  Superintendent.) 
County  (See  County  Superintendent.) 
District   (See  District  Supervision.) 

to   report  to   truant   officers .' 42  75 

Supervision  : 

district 81  163 

general ;  constitutional  provision 5 

county  ;    constitutional   provision 6 

and  control  of  trustees 39 

state  superintendent  charged  with I 64  126 

Supplementary  Fund  : 

to  be  deposited  with  treasurer  of  board 17  21c 

to  be  deducted  from  general  school  fund 17  21c 

not   to   exceed   $90,000 17  21c 

to  be  divided  between  building  and  teachers'  funds,  how 17  21c 

to  be  used  when  and  for  what  purpose 17  21-c 

balance  from  if  any  to  revert  to  general  school  fund 17  21c 

to  be  deducted  from  the  general  school  fund 31  40 

Supplies,   trustees  may   purchase 38  61 

Support  of  Free  Schools,  constitutional  provision 7 

Suspension    of   pupils 55 

Sweeping    school    house 38  61 

System  of  Free  Schools  to  be  provided  by  Legislature 5 

Tally  sheets,  etc.,  for  special  elections,  furnished  by  secretary 20 

Tampering  with  examination  questions  and  manuscripts  ;  penalty 

for    54  95 

Tax: 

capitation  ;  constitutional  provision 4 

direct    annual    for    interest    on    bonds 30  39 

Taxes  : 

county,  constitutional  provision 5 

delinquent    32  44 

amount  of  levied  to  be  extended  on  property  books 34  49 

(See  also   Levies.) 

Taxable  Property  ;  aggregate  of  to  be  set  forth 17  21c 

Tax  Commissioner  to  prepare  forms  and  instructions 22  26 

Teachers : 

may  be  dismissed  and  school  discontinued,  when 15  17 

number  of  to  be  employed  to  be  determined,  when 23  28 


158 


INDEX. 


Teachers — Continued.  PAGE.  SEC. 

kindergarten,   qualifications   for 29  34 

to  distribute  and  have  control  of  free  text-books. 29  36 

to  collect  text-books  and  return  to  secretary 29  36 

appointment    of, 36  56 

must   hold   certificate 36  56 

must   present   certificate    to    trustees 36  57 

must  file  certificate  with  secretary 36  57 

must  have  certificate  endorsed  by  secretary 36  57 

may  be  removed  for  what 37  58 

shall  not  receive  salary,  when 37  58 

to  report  what  to  truant  officers 42  75 

to  give  instruction  in  what  subjects 46  78 

to  follow  course  of  study  prescribed  in  manual 46  79 

to  be  examined  in  what  subjects 47  82 

exempt  from  certain  duties 56  97% 

to  keep  daily  registers  and  make  monthly  reports 56  98 

to  keep  term  registers 56  98 

to  include  what  in  registers  and  reports 56  98 

payment  of 56  99 

to  return  term  report  to  secretary 56  100 

to  take  and  report  enumeration 56  101 

to  receive  credit  for  attending  district  institute 59  111 

to  be  encouraged  to  form  reading  circles 59  112 

not  to  act  as  agent 79  156 

colored  ;  normal  training  for 87  188 

in  state  schools,  how  employed Appendix  A  105  18 

Teacher's  Authority  : 

to  have  control  of  children,  how  long 55  97 

may  exclude  whom  from  school 55  97 

action  of  may  be  reviewed  by  trustees .» 55  97 

Teachers'    Certificates    (See   Certificates.) 

Teachers'  Fund  : 

levy  for t.  17  21c 

maximum  rate  of  levy   for 17  21c 

the    sub-district .  24  29 

tuition  fees  to  be  credited  to 40  69 

may  be  supplemented   (see  supplementary  fund.) 

Teachers'  Institutes : 

county   (see  institutes,  county.) 
district  (see  institutes,  district.) 

Teachers'  Salaries  (See  Salary  of  Teachers.) 

Teaching,  county  superintendent  may  engage  in,  when 61  118 

Term,  the  school : 

leng'th  of 17  21c 

extension   of 23  27 

Term  of  Office  : 

to  be  prescribed  by  legislature  :  constitutional  provision 3 

of  board  of  education 9  3 

of    trustees 35  53 

of    county    superintendent 60  113         ' 

of  state   superintendent 63  124         | 

Term    reports   and   registers 56  98 

to  be  returned  to  secretary 56  100         | 

Text-Books  : 

old  law  still  in  force 82  165 

state  book  commission  created 73  155  a  I       j 

appointment  of  members  of  state  book  commission 73  155  a  I 

compensation  of  members  of  state  book  commission 73  155  a  I 

oath  of  office  of  members  of  state  book  commission 73  155  a  I 

contracts  for  books  from  July  1,  1911,  to  July  1,  1912....  74  155  a  II 

meetings  of  state  school  book  commission 74  155  a  III 


INDEX. 


159 


Text-books  —  Continued. 

samples  to  be  submitted  .........................  ...... 

bids  and  proposals  .................................... 

adoption  of  books  ..................................... 

change   in   books  ...................................... 

contracts   to    be   executed  .............................. 

bond  by  contractors  ................................... 

prices  of  books  to  patrons  .............................. 

county  superintendent  to   be  notified  .................... 

supply  of  books  placed  by  contractors  ................... 

exchange   of   books  .................................... 

violation  of  book  contracts  by  teacher  ................... 

certain  boards  may  choose  books  for  their  districts  ........ 

no  discrimination  in  prices  in  other  states  ............... 

lists  of  adopted  books  to  be  sent  to  county  superintendents 
by  contractors  .................................... 

use  of  unauthorized  books,  to  whom  reported,  penalty  ..... 

state  of  West  Virginia  not  liable  to  terms  of  contracts  ..... 

appropriation  for  expenses  of  state  book  commission  ...... 

members  of  book  commission  not  to  accept  gift,  penalty... 
Tickets   for   special    election  ................................ 

Tie  in  Vote  : 

for   members   of  board  ................................. 

for  county  superintendent  .............................. 

Time  and  Place  : 

of  holding  examinations  ....  ........................  -.  .  .  . 

of   holding    county    institutes  ........................... 

Title  to  school  property  vested  in  board  ..................... 

Title   to   joint   school    buildings  ............................. 

Transfer  of  Pupils  : 

provision  for  ............  ............................. 

expense  of   to   be   divided  .............................. 

Transfer  from  state  fund  to  general  school  fund,  when  ........ 

Transmission   of  questions  and  manuscripts  .................. 

Transportation  of  Pupils  (See  Conveyance  of  Pupils.) 
Treasurer  for  special  debt  levy  to  keep  account  separately  ..... 

Truancy  (see  compulsory  attendance.) 
Truant  Officer  : 

shall   be   appointed,   when  .............................. 

to  enforce  provisions  of  compulsory  law  ................. 

shall  use  due  diligence  to  ascertain  violation  of  law  ....... 

to  give  written  notice  to  parent  or  guardian,  when  ...... 

to  make  complaint  against  parent  or  guardian,  when  ...... 

not  required  to  give  notice  in  subsequent  offences  ........ 

teachers,  principals  and  superintendents  to  report  to  ...... 

shall  render  itemized  statement  to  secretary  and  sheriff.  ... 

compensation   of  ;   how   paid  ............................ 

Trustees  : 

may  not  transcend  or  dimmish  salaries  .................. 

may  appoint  librarian  for  school  library  .................. 

board  shall  appoint,  when  .............................. 

term  of  office  ......................................... 

to  be  notified  of  appointment  immediately  ................ 

to  take  oath,  when  .................................... 

no   one   of   may   transact  business  by   himself  ............ 

quorum    .............................................. 

meetings   ............................................. 

shall   keep   a   record   of   their   acts  ...................... 

may  be  removed  from  office  ;  how,  by  whom  ............... 

vacancy  in  office  of,  how  filled  ......................... 

shall  appoint  teachers  ;  when  .............  .............. 

shall  make  contract  with  teachers  ;  how  ................. 


PAGE.         SEC. 
74  155  a  III 

74  155  a  III 

155  a  IV 
155  a  IV 
155  a  IV 
155  a  V 
155  a  VI 
155  a  VI 
155  a  VII 
155  a  VII 
155  a  VII 
155  a  VII 
155  a  VIII 


77 
78 
78 
78 
79 
20 

10 
60 

47 
58 
11 
15 

39 
39 
31 

48 

21 


41 
41 
41 
41 
41 
41 
42 
42 
42 


23 
30 
35 
35 
35 
35 
35 
35 
3'5 
35 
36 
36 
36 
36 


155  a  IX 
155  a  X 
155  a  XI 
155  a  XII 
155  a  XIII 
23 

4 
114 

81 

105 

8 

18 

66 
67 
40 

85 

24 


73 
73 
731 
73 
73 
73 
75 
76 
77 


28 
38 
53 
53 
53 
53 

53% 

531/3 

53  V2 

53% 

54 

55 

56 

56 


160  INDEX. 


Trustees — Continued.  PAGE.  SEC. 

teachers'  certificates  to  be  presented  to 36  56 

shall  not  appoint  certain  persons 37  58 

shall    visit   schools,    when 37  60 

shall  do  what  when  visiting  schools 37  60 

shall  cause  school  house  to  be  kept  in  order 38  61 

may  purchase  what 38  61 

shall  have  house  swept  and  fires  built 38  61 

may  allow  school  houses  used  for  what 38  62 

to  prescribe  regulations  for  use  of  houses 38  62 

to  furnish  estimates  of  improvements  and  repairs  to  board.  .  .  38  63 

to  make  report  to  board  showing  what 38  63 

shall  keep  itemized  account  of  expenses 38  64 

shall  file  expense  account  with  secretary  ;  when 38  64 

under  supervision  of  board 39  65 

actions  of  subject  to  revision  of  board 39  65 

shall  transfer  pupils,  when 39  66 

may  review  action  of  teacher,  when 55  97 

may   expel    pupils,   when 55  97 

not  to  be  interested  in  contracts  ;  penalty 80  158 

Tuition  : 

high  school,  to  be  paid  when 27  30-a 

to  be  paid  by  whom 40  69 

to  be   paid   to  whom 40  69 

not  to  exceed  what 40  69 

to  be  credited  to  teacher's  fund 40  69 

Union  Schools  (see  joint  schools.) 

University,  the  West  Virginia 82 

Unlawful  expenditures  by  board  ;  penalty  for 22  25 

Unlawful  possession  of  examination  questions 55  95 

Use  of  school  houses  may  be  granted  ;  for  wnat  purposes 38  62 

Vacancy  : 

in  office  of  trustee  ;   how  filled -.  36  55 

in  office  of  county  superintendent. 61  116 

Vacancy  in  Board  of  Education  : 

to  be  filled  how 10  5 

to  be  declared,  when 22  25 

Validity  : 

of   elementary   certificates 49  87 

of  short  course  certificates 51  88 

of  normal  school  certificates 51  89 

of  high  school  certificates 52  90 

of  supervisors   certificates 53  91 

of    special    certificates 53  92 

of  state  life  certificates 54  93 

of  emergency  certificates 54  94 

Value  and  kind  of  apparatus  to  be  reported  by  trustees 38  63 

Valuation   of  Property  : 

estimate  of 17  21c 

board  to  levy  upon 17  21c 

assessor's  certificate  of  ;  to  secretary,  to  county  superintendent  34  48 

Verification  of  enumeration   by   affidavit 57  102 

Violation  of  law  by  school  officers  ;  penalty  for 22  25 

Violation  of  compulsory  school  law 41  72 

of  child  labor  law Appendix  A  111  3 

Visits  to  schools  by   trustees 37  60 

to  state  institution  by  members  state  board  of  control.  .App    A  98  8 

Visitation  of  schools,  county  superintendents 62  121 

Volumes  in  library  ;  number  of  to  be  reported  by  trustees 38  63 

Vote  : 

for  members  of  board  ;  tie  in 10  4 

on    levy 16  20 


INDEX.  161 


Vote — Continued.  PAGE.         SEC. 

on  additional  levy  for  current  expenses 19              22 

on  additional  levy  to  pay  interest  on  bonds 19              22 

on  question  of  longer  term 23              27 

on   district   high    school 25              30 

must  be  had  on  question  of  bond  issue 30              39 

for  county  superintendent ;  tie  in 60            114 

Vouchers   and   orders,   sheriff's    (see   sheriff.) 

Warranty    deed    to    be    secured    by    board 11                8 

West  Virginia  Collegiate  Institute : 

act    creating,    etc 88           204 

graduates  of  to  receive  certificates,  when 51              88  &  89 

West  Virginia  Industrial  School  for  Boys 92 

West  Virginia  Industrial  Home  for  Girls 92 

West  v  irginia  Schools  for  the  Deaf  and  the  Blind 92 

West  Virginia  University 82 

graduates  of  to  receive  certificates,  wnen 52             90 

Preparatory  Branch  of  at  Montgomery 87 

Preparatory  Branch  of  at  Keyser 88 

White  and  Colored  Pmpils  : 

constitutional   provision -. 8 

statutory    provision 40              70 

Year,  the  school  (see  school  year.) 

Youth  : 

enumeration  of    (See  Enumeration.) 

colored 40             70 


UNIVEESITY  OF  CAL1FOBNIA  LIBRARY, 
BERKELEY 


tt 


is  .nade 


320770 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


